The Scottish Government has now published its response to the EHRC consultation where it seems to suggest that services which want to provide a single-sex service, including the likes of Rape Crisis Centres, must "justify" why it wants to do so.
I think there is a huge difference between setting up a women only service because it is "proportionate" to do it. ie most of our users say that's what the want, compared to saying it has to be "justified".
That is the arguement used by TRAs, and many women's groups in Scotland sadly, and is part of eroding the accepted rationale within the EA for same sex services. with rape crisis centres being used as the perfect example of the need for women only services.
The use of the word "justify" is the tactic used to say that a trans woman should automatically be part of women only services, and the service provider then has to justify why they cant.
It is hugely retrograde.
And as present by the Supreme Court not what they intended by clarifying the word sex means biology.
It was exactly so as to say "legal women" ie men with a GRC are NOT women.
It should never come up.
If a service provider in addition to providing women only services also wants to provide trans inclusive services, or even trans only, that is their right.
But it is never ever right that if a service provider wants to only provide services to women then nobody, whether a TRA, a politician or a funder can question that right.
The supreme court made that clear as its decision clarifies the part of the EA that has always been there (Exempt under the Equality Act 2010, Schedule 9, and Part 1. Section 7(2) e of the Sex Discrimination Act 1975.) That women only services are only for biological women.
Watch out for more weasel words from the Scottish Government, no doubt with an assortment of fan girl funded groups applauding them.