Seer
datun if I'm understanding you correctly, a downside could be that gender non-confirming women (ie most of us on this thread) wouldn't gain access to a women's refuge.
Sex is already a protected characteristic. Which is why, currently, transactivists are pushing for self identification in terms of rape refuge counsellors. It would grant them a GRC, at which point they will be legally women and entitled to work there.
At the moment gender reassignment is a protected characteristic. Which is fairly meaningless, as you can simply say to your best friend you're thinking of transitioning, and that covers it.
Whereas gender nonconformity, would stop it being broken down into all these individual boxes. Some of which seem to assume the rights of women, the other protected characteristic.
I find the way the equality law is applied incredibly confusing.
Because it appears to only be applicable in few situations.
All women shortlists for Parliamentary candidates, for instance.
They would, on the surface, appear to discriminate against men. But, from what I can tell, the equality law can be invoked using the sex of women as a protected characteristic. To make it legal. Because it redresses the current imbalance.
It always feels a bit back to front to me.
The equality law cannot be invoked in toilets, for instance. Because there is no law that excludes men. It's just protocol and custom.
You do have to provide sanitary disposal. Because if you didn't, it would prevent women from using them. Thereby being discriminatory on the basis of sex.
I was involved in an awful long thread about the way the equality law and the gender recognition act work, and at the end, although I had a better grasp, I still floundered.
I suppose you can't make it a law that the opposite sex can't use each other's toilets. Because there are so many incidences where that would be breached.
Although I think I could have a pretty good stab at it!