CLAUDIA CLARE (3)

With the caveat that Central Saint Martins (above) haven’t spoken publicly about their reason for refusing to allow Claudia Clare to speak at the university, which I’ve written about earlier, their reason, as I understand it, looks rather thin on examination.

Apparently their reason for the ban is that, because of her gender-critical views, Claudia’s speaking would breach their equal opportunities guidelines. (Gender-critical, for those unfamiliar with this world, means the assertion that sex – being a man or a woman – is based on biology and isn’t altered by one’s gender identity.) I’ve said that, since Claudia wasn’t billed to talk about her gender-critical views, but about her work of art, And the Door Opened, this means she’s being banned not for what she’s saying but for what she thinks.

If that is the case, Central Saint Martins may be skating on thin ice. Claudia and her supporters have drawn my attention to the Forstater case, in which the courts decided that a person couldn’t be sacked for gender-critical views and overturned the ruling of an Employment Tribunal that they could. The court ruled that if those views were cogent and sincerely held they were a philosophical belief akin to a religion and were a “protected characteristic” under equality law. In other words, dismissing someone from their job because of their gender-critical beliefs, would be contrary to equal-opportunities law.

Allowing or not allowing someone to talk on one’s premises is another matter, and as I’m not a lawyer I can’t say whether or not Central Saint Martins is breaking the law by banning Claudia because of the views she holds. But the government has become concerned about the increasing tendency of students in higher education to bully speakers they don’t like and the tendency of university authorities to give in to them and to ban those speakers, as it seems has happened to Claudia, and a Higher Education (Freedom of Speech) Bill is going through Parliament to extend the Forstater principle and to stop it from happening in the future.