Court upholds ban on Christian teacher who refused to make use of pupil’s preferred pronouns

A High Court judge has upheld a teaching ban on Christian maths teacher, Joshua Sutcliffe, over his refusal to make use of the popular pronouns of a biologically female pupil who identifies as a boy. 

The judgment from Mr Justice Pepperall concluded that Mr Sutcliffe’s conscience was not sufficient to justify his actions.

By refusing to make use of the pupil’s preferred pronouns, Mr Sutcliffe had didn’t treat the pupil with “dignity and respect”, the ruling said. 

The judge said that teachers must “respect and have a good time the pupils’ personal autonomy”, and that “simply because misgendering a transgender pupil won’t be illegal doesn’t mean that it is acceptable conduct for a teacher”.

Mr Sutcliffe, 34, was banned by the Professional Conduct Panel of the Teaching Regulation Authority (TRA) for at least two years for allegedly “bringing the occupation into disrepute”.

The judgment referred to draft transgender guidance for schools issued last December by the Conservative government which stated that teachers shouldn’t be compelled to make use of pupils’ preferred pronouns.

“The draft guidance, which in fact postdated these events and the panel’s decision, envisaged that schools would rarely conform to change a pupil’s pronouns but didn’t purport to suggest that such course would never be appropriate. As the draft made plain, such decisions are complex and are made by schools and never individually by each member of staff in accordance with their very own assessment of the merits of the request,” he said. 

Mr Sutcliffe plans to appeal the High Court’s judgment on the Court of Appeal.

“I still stand by my Christian convictions that it’s harmful and detrimental to affirm gender confused children. This is the assumption I’m fighting for which is shared by not only Christians but many who don’t consider in harmful transgender ideology,” he said.

“I actually have been a marked man ever since I dared to precise my Christian beliefs in a college and tell the media about how I used to be punished for doing so.

“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.

“With this ruling every teacher is in danger in the event that they share their beliefs and views within the classroom. I feel affirming children in a transgender identity within the classroom is psychologically damaging for them.

“I refused to go against my Christian faith and conscience and cause a baby harm. I refuse to apologise for that. I don’t consider it’s any child’s best interests to affirm them in something that’s unfaithful. The Cass Review, the Policy Exchange report and the transgender guidance from the Conservative government vindicate me on this.

“The TRA wanted me to capitulate and say that I used to be fallacious. I actually have been severely punished for refusing to achieve this. Despite this set back, I’ll proceed to fight for justice and to get my profession back.”

Andrea Williams, chief executive of the Christian Legal Centre, which is supporting Mr Sutcliffe, said that teachers are being intimidated into silence.

“At the Christian Legal Centre we lived this case in real time alongside Joshua. The way Mr Justice Pepperall describes Joshua in his judgment reads like fiction,” she said.

“The picture Mr Justice Pepperall paints of Joshua and his beliefs is a far cry from the caring, kind and sensible maths teacher we all know Joshua to be.

“We create a turbulent environment in schools when facts are turned on their head against the teacher in a context where children are identifying as the other sex. Teachers are treading on egg shells for fear of claiming the fallacious thing.

“The teaching occupation will not be a secure place to navigate for Christian teachers. Expressing long held Christian beliefs on marriage and gender can get you suspended, investigated and barred.

“We are taking a look at the judgment rigorously. We will proceed to support Joshua for so long as it takes to secure justice.”