Court upholds ban on Christian teacher who refused to use pupil's preferred pronouns

Joshua Sutcliffe.(Photo: Christian Legal Centre)

A High Court judge has upheld a teaching ban on Christian maths teacher, Joshua Sutcliffe, over his refusal to use the preferred 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 use the pupil's preferred pronouns, Mr Sutcliffe had failed to treat the pupil with "dignity and respect", the ruling said. 

The judge said that teachers must "respect and celebrate the pupils' personal autonomy", and that "just because misgendering a transgender pupil might not be unlawful does not mean that it is appropriate conduct for a teacher".

Mr Sutcliffe, 34, was banned by the Professional Conduct Panel of the Teaching Regulation Authority (TRA) for a minimum of two years for allegedly "bringing the profession into disrepute".

The judgment referred to draft transgender guidance for schools issued last December by the Conservative government which stated that teachers should not be compelled to use pupils' preferred pronouns.

"The draft guidance, which of course postdated these events and the panel's decision, envisaged that schools would rarely agree to change a pupil's pronouns but did not purport to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 not individually by each member of staff according to their own assessment of the merits of the request," he said. 

Mr Sutcliffe plans to appeal the High Court's judgment at the Court of Appeal.

"I still stand by my Christian convictions that it is harmful and detrimental to affirm gender confused children. This is the belief I am fighting for which is shared by not only Christians but many who do not believe in harmful transgender ideology," he said.

"I have been a marked man ever since I dared to express my Christian beliefs in a school and tell the media about how I was punished for doing so.

"In 2017 there was no training and no guidance on these issues for teachers. I was a young teacher building my career in the profession at a time when schools were taking guidance from Stonewall, not the government or any experts on these issues.

"With this ruling every teacher is at risk if they share their beliefs and views in the classroom. I believe affirming children in a transgender identity in the classroom is psychologically damaging for them.

"I refused to go against my Christian faith and conscience and cause a child harm. I refuse to apologise for that. I do not believe it is any child's best interests to affirm them in something that is untrue. 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 was wrong. I have been severely punished for refusing to do so. Despite this set back, I will continue to fight for justice and to get my career 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 brilliant maths teacher we 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 opposite sex. Teachers are treading on egg shells for fear of saying the wrong thing.

"The teaching profession is not a safe place to navigate for Christian teachers. Expressing long held Christian beliefs on marriage and gender can get you suspended, investigated and barred.

"We are looking at the judgment carefully. We will continue to support Joshua for as long as it takes to secure justice."