In a pivotal legal ruling, the Court of Appeal has reversed a previous decision endorsing the dismissal of a Christian teaching assistant, who faced termination over her online statements about the LGBT+ community and sex education.
Background of the Case
Kristie Higgs was let go from her roles as a pastoral administrator and work experience manager at Farmor’s School in Fairford back in 2019.
The school characterized her dismissal as a reaction to gross misconduct.
The controversy began with Higgs’ Facebook comments made in 2018, where she expressed her concerns about the inclusion of LGBT+ relationship education at her son’s Church of England primary school.
Initially, in a ruling dated October 2020, the court acknowledged that while Higgs’ remarks were not overtly homophobic or transphobic, the school was justified in their decision based on potential interpretations of her views.
However, after a lengthy legal battle spanning six years, the Court of Appeal ultimately deemed the dismissal unlawful, highlighting discrimination tied to religious beliefs.
The Court’s Findings
The verdict, delivered by a panel of three judges on Wednesday, supported Higgs’ position.
The school argued that her dismissal stemmed from the content of her comments, rather than her Christian faith.
However, the judges concluded that Higgs’ remarks did not constitute “grossly offensive” language, finding the school’s reaction to be disproportionate.
The posts in question were shared with a small circle of approximately 100 friends and criticized an educational program named “No Outsiders in Our School.” Higgs raised concerns about the appropriateness of teaching young children about different aspects of gender identity and same-sex relationships, even going so far as to describe the initiative as a form of “brainwashing.” Following an anonymous complaint, the school held a lengthy six-hour disciplinary meeting, leading to her eventual dismissal.
Reactions to the Ruling
In their decision, the Court of Appeal judges noted the absence of evidence to suggest that Higgs’ comments had damaged the school’s reputation, nor was there any indication that her personal views on sex education would negatively impact her interactions with students or staff.
Reacting to the court’s ruling, Higgs expressed gratitude, stating that while biblical Christian views on gender and sexuality might offend some, the decision underlines the right for Christians to openly share their beliefs without fear of employer repercussions.
She hopes that this ruling will serve as a landmark moment for Christian rights and the broader principle of free speech.
On behalf of the school, Sean Jones KC contended in a written statement that revisiting the case was necessary.
He clarified that Higgs’ dismissal was not entirely due to her beliefs but rather how she expressed them, which some perceived as homophobic or transphobic.
Source: Premierchristian.news
