Sorry this has turned out quite long -
There is an exception in the Equality Act (schedule 3, Part 7, para 28) that permits female only services and spaces to exclude transwomen, even those with a GRC, where this is a proportionate means of achieving a legitimate aim.
There is another exception (schedule 9, part 1, para 1) that permits a female only employment role to exclude transwomen, even those with a GRC, where this is a genuine occupational requirement.
The trouble is, guidance is being written as if these exceptions did not exist. Hence all the situations outlined by perfectly. We don't need to repeal any laws to safeguard women's spaces and services, we just need to get orgs to exercise the law that we already have.
I've been considering what the GRA is actually for these days, ever since I found the original hansard debates from 2004. It seems to have mostly been about marriage rights and pension age. One of those aims is now obsolete because we have equal marriage. The other will be obsolete in just a few years as pension age is equalised. All documents except your birth certificate can be changed without a GRC. Increasingly I am failing to see the point of the GRA in its current form.
I don't think it should be scrapped simply because that would raise tricky questions about the status of people who currently have a GRC.
I most definitely do not think the process should be changed to self-ID. As I said above, all documents except birth certificate can be changed without a GRC but you need a letter from a doctor, at least to change your passport, confirming your change of gender is likely to be permanent. If you have a GRC you can use that instead.
So at the moment, a GRC is not worth the bother. Change to self-ID and a GRC will be really useful - but only for those who can't even get a doctor's letter currently. No thanks.
I'd prefer to just let the GRA dwindle into obsolescence and instead make some changes to the Equality Act:
- change 'gender reassignment' to 'gender non-conformity' - this would mean trans people would continue to be protected from actual discrimination and also GNC women, men, boys and girls, non-binary people ... it would eliminate gendered uniform policies and dress codes. It would be a step towards eliminating gender itself (in the feminist sense of the word). It would do away with the nonsense of treating transwomen 'as women' which will be contentious but wtf does it mean to be 'treated as a woman' anyway? The only situations where being treated as a woman actually matters for actual women are those where our biological sex matters and those are the exact situations we should be applying the exceptions in any case.
- strengthen the sex-based exceptions and write proper guidance around them such that every organisation knows they are there and why they are important, and knows they can legally use them without fear of litigation.
Have you now worked out what self-ID means perfectly or are you still confused?