A Christian maths teacher who was banned indefinitely from the occupation after refusing to make use of a student’s preferred pronouns is searching for a judicial review.
Joshua Sutcliffe was banned for no less than two years by the Teaching Regulation Authority (TRA) for allegedly “bringing the occupation into disrepute”.
It followed his 2017 dismissal from Cherwell School in Oxford after allegedly using the fallacious pronouns and “misgendering” a biologically female pupil who had began identifying as male.
At a High Court hearing in London on Wednesday, lawyers for Mr Sutcliffe said “there isn’t any legal requirement to make use of preferred pronouns” and that he has a right “to not imagine gender identity belief”.
The 32 yr old is being supported by the Christian Legal Centre (CLC) who said he must be vindicated by the federal government’s draft transgender guidance for schools, published last December.
The draft guidance says that teachers mustn’t be compelled to go against their conscience and use preferred pronouns which might be contrary to a pupil’s biological sex.
“No teacher or pupil must be compelled to make use of these preferred pronouns and it mustn’t prevent teachers from referring to children collectively as ‘girls’ or ‘boys,’ even within the presence of a baby that has been allowed to vary their pronouns,” the guidance says.
Mr Sutcliffe is pursuing a judicial review into the Secretary of State For Education’s decision to simply accept the TRA’s advice that he be banned indefinitely from teaching.
The Department for Education (DfE) claims that his application for a judicial review has “no merit”.
DfE lawyer Iain Steele told the hearing, “[Mr Sutcliffe] seeks to make this a case about freedom of faith and freedom of expression, but in reality it’s a case a few serious failure to treat pupils with dignity and respect and to safeguard their wellbeing.”
Following Wednesday’s hearing, the judge will hand down his written judgment at a later date.
Speaking ahead of the hearing, Mr Sutcliffe said he had been a “marked man ever since I dared to specific my Christian beliefs in a faculty and tell the media about how I used to be punished for doing so”.
“I feel vindicated by the draft government guidance and the Cass Review, and it’s time for my ban to be overturned,” he said.Â
“In 2017 there was no training and no guidance on these issues for teachers. I used to be a young teacher constructing my profession within the occupation at a time when schools were taking guidance from Stonewall, not the federal government or any experts on these issues.
“If the ruling is upheld then every teacher is in danger in the event that they share their beliefs and views within the classroom.”
CLC chief executive Andrea Williams said, “We cannot underestimate the chilling impact that the ruling in Joshua Sutcliffe’s case has. Teachers are intimidated into silence for fear of losing their jobs in the event that they say something with which the regulator disagrees.
“The teaching occupation is not any longer a straightforward place to navigate for Christian teachers. Expressing long held Christian beliefs on marriage and gender can get you suspended, investigated and barred.
“For refusing to make use of preferred pronouns and expressing his Christian belief on marriage in response to questions from pupils, Joshua became a marked man. From that moment, every little thing he did out and in of the classroom got here under intense scrutiny.
“From the start, Joshua has faced viewpoint discrimination from the colleges. For loving Jesus and expressing his beliefs in response to questions Joshua has been punished severely by the TRA and the Secretary of State.
“If the draft government guidance had been in place six years ago, none of what Joshua has been through would have happened. It’s now time for justice for Joshua. The ban should be overturned.”
