It doesn't matter if it is one commentator or a hundred commentators.
The facts as they stand -
Men can obtain a GRC which states that they are legally female and allows them to have an amended documentation including their birth certificate with falsifies that they are female. They are not. Human's can't change sex.
The Equality Act allows for providers of single sex spaces to use single sex exemptions where it is proportionate means of achieving a legitimate aim.
These providers are, with the exception of very few specified circumstances are not allowed to ask if a male has a GRC.
These providers have been lobbied by Stonewall to replace the word sex with gender so the status quo is mostly that providers have been making space single gender rather than single sex, the impact being that these spaces are mixed sex.
There is nothing in law which compels the existence of single sex spaces, it is up to individual providers to determine what to provide.
As a result of all of the above factors women most provisions which could be sujbect to the single sex exemptions are now, in fact , mixed sex. This includes rape crisis and the Sarah Surviving issue where she was unable to get mixed sex support and branded bigoted for asking. This is subject to a current legal action.
Recently, in Scotland as Adam correctly pointed out, Lady Haldane stated that Sex in the Equality Act should be interpreted as biological sex AND legal sex (males with a GRC). Decisions in the Scottish court, whilst not binding on other British courts should be followed unless there is a compelling reason not to do so.
So there is the problem. Set out above.
I don't care which party amends the Equality Act 2010 to protect women from all males in single sex spaces I just want one of them to do it.
I think Labour is wrong when it claims that the existing act does so when it does not because ;
- Providers are not compelled in law to make them in the first place.
- Sex and gender have been used interchangeably as encouraged by Stonewall interpretations of the laws.
- Courts in this country should follow the Haldane judgement unless there is compelling reason not to do so, as far as I can tell there is no compelling reason not to as, on the basis of the legislation Haldane seems to be right in her assessment of the interpretation of both the GRA and EquA.
Adam has made a suggestion that this needs to be litigated. In order for that to happen a service provider will have to go against the status quo and refuse a trans woman who may or may not have a GRC (they can't normally ask). This will result in a risk of unsuccessful litigation based on the current legal position as set out by the EquA and the current case law. They will also risk castigation by powerful pro trans lobby groups. I'm not sure any organisation will want to take that on.
This is why it is imperative that Statute Laws are amended to protect women.
https://www.bbc.co.uk/news/uk-65181018