The General Medical Council (GMC) of the United Kingdom determined  that the fitness to practice of a doctor who was fired recently is not “impaired due to his Christian and 'gender-critical' beliefs”.

David Mackereth lost his job as a health and disability assessor for the government Department for Work and Pensions (DWP) after saying during a training session that, as a Bible-believing Christian, he would not in good conscience be able to refer to patients by their chosen gender identity or pronouns.

According to the DWP, “failing to accommodate clients’ preferences” would fall under “harassment” according to the UK Equality Act, a law of the year 2010.

Religious discrimination

Mackereth filed a claim for religious discrimination, but lost in the Employment Tribunal. That ruling was partially overturned on appeal, but his dismissal was upheld by both the Employment Appeal Tribunal and the Court of Appeal.

The doctor referred himself to the GMC, which “vindicated” him, stressing that “although your views might be considered contentious, we haven’t seen evidence to indicate that you provided inappropriate advice or care to patients based on your views”.

According to his lawyers, “the domestic courts failed to remain impartial and properly balance the importance of upholding religious expression and conscientious objection”.

Mackereth hopes his case “will encourage medics to speak out more on these issues, especially those who are sitting on the fence out of fear of backlash”.

“What the conclusion from the GMC exposes is that the DWP and the judiciary sacked and ruled against me based on what I think and believe rather than anything I have ever done in my 30 years as a doctor”, he added.

The underlying issue, Mackereth said, is that “we are being forced to accept a massive change to our concept of the medical reality of sex, with no scientific basis for that change”.

To the European Court of Human Rights

Mackereth will now be taking this case to the European Court of Human Rights, pointing out that his right to freedom of expression (Article 10) has been violated by the UK courts.

“I am more determined than ever to continue fighting for justice in this case and I hope and pray that the ECHR will take my case forward and take it very seriously. There is a huge amount at stake”.

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