Christian UK doctor fired for refusing to use trans pronouns again appealing case
UK medical council told Christian doctor this week there was 'no evidence to indicate' his fitness to practice was impaired
{{#rendered}} {{/rendered}}A Christian doctor in the U.K. who lost his job for refusing to use a hypothetical patient's preferred pronouns is appealing his firing once more after being vindicated by a medical council.
Dr. David Mackereth, 60, lost his job at the Department for Work and Pensions (DWP) under the National Health Service four years ago. He confessed that he could not refer to patients by their gender identity instead of their biological sex during a work training session because of his Christian beliefs. Mackereth said his supervisor pressured him to refer to a "man six foot tall with a beard" as "she" and "Mrs.," but he refused.
His employer declared that failing to do so would fall under "harassment" under U.K. law and fired Mackereth from his role as a Health and Disability Assessor, the Christian Legal Centre said in a press release.
{{#rendered}} {{/rendered}}After losing a previous appeal, Mackereth is appealing his firing again to a European court after a medical council said this week that his beliefs did not make him unfit to serve.
Dr. David Mackereth, a doctor of 26 years in the National Health Service, lost his job for refusing to refer to clients by a transgender pronoun, citing his religious views and science. (Christian Concern)
CHRISTIAN DOCTOR OF 30 YEARS LOSES JOB FOR REFUSING TO USE TRANSGENDER PATIENT'S PREFERRED PRONOUN
Mackereth had been practicing for 26 years when he lost his job with the DWP in 2019. He filed a lawsuit against his former employer for religious discrimination but lost his claim before the Employment Tribunal just three months later. The Tribunal ruled his Biblical beliefs on gender were "incompatible with human dignity."
{{#rendered}} {{/rendered}}The verdict was partially overturned in May 2022 by the Employment Appeal Tribunal, said the Christian Legal Centre, which is supporting Mackereth. However, the Tribunal still held that his firing had been justified and was upheld by the Court of Appeal.
Mackereth referred his case to the General Medical Council (GMC), an independent body that keeps a register and sets standards for medical professionals in the U.K.
The GMC seemed to side with Mackereth in a letter this week. After reviewing his case, it determined, "We don’t believe this is an issue requiring further GMC action being taken with a view to removing or restricting your registration."
{{#rendered}} {{/rendered}}Dr. David Mackereth is appealing his case to a European court after losing his job over transgender pronouns. (iStock)
The council said while the Christian doctor's beliefs might be viewed as "contentious," it had no evidence to suggest he would put patient safety at risk or that showed his "fitness to practice" was impaired.
The GMC said holding a religious belief against transgender ideology does not put him at risk of losing his membership; however, it could if there was information to show these beliefs impacted patient safety and care.
{{#rendered}} {{/rendered}}The council said it would not open an investigation into a member based on "hypothetical situation" such as the one the DWP used in firing the doctor. It concluded, "There is no evidence to indicate that you have provided inappropriate advice or care to patients based on your views."
Bolstered by the letter and after exhausting all domestic legal options, the doctor is appealing his case again in Europe before the European Court of Human Rights (ECHR).
The Christian Legal Centre believes the rulings against its client are the first time in history an English court has compelled speech on pronouns.
The ECHR is an international court set up in 1959. It rules on "individual or State applications alleging violations of the civil and political rights set out in the European Convention on Human Rights," its website states.
{{#rendered}} {{/rendered}}The doctor's application asks the court to address "questions it has never to date reviewed; that being the Convention implications surrounding compelled speech and forced adherence to gender identity belief as a condition of employment."
The rulings against Mackereth are believed to be the first of their kind in the U.K., the legal organization supporting him says.
"These rulings are believed to be the first time in the history of English law that a judge had ruled that free citizens must engage in compelled speech," the Christian Legal Centre said about Mackereth.
{{#rendered}} {{/rendered}}Chief executive Andrea Williams said they would continue to fight for the doctor.
"David Mackereth’s case challenged the sanity of our society, and our society was found wanting. We welcome the official conclusion by the GMC, but the freedom to hold a belief but not express it is no freedom at all," she said.
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{{#rendered}} {{/rendered}}"More must be done to recognize and protect the freedom of professionals with Christian and gender critical beliefs on these issues to use their professional judgment without fear of severe and unjust ramifications."