Technically the law says that the gender reassigned may use whichever sex segregated facility they choose, with certain exceptions. That is how they provided for the genderfluid who identify as a different gender on different days. Now you may think this has created a special class of people whose rights trump everyone else's and given the dominance displays some people are putting on you would be right to think so.
I don't think this is quite accurate thebewilderness or at least the government doesn't think it is so (from the Independent 24th June) when the Gov statement said
"The same can be said about toilets, changing rooms or single-sex activities. Providers may exclude trans people from facilities of the sex they identify with, providing it is a proportionate means of meeting a legitimate aim.”
So we can have and keep single sex provision, even for those with a GRC if exercised in a proportional way.
Proportionate in equality law typcially is described as 'no more than is necessary to achieve a legitmate aim'.
So by my understanding, declaring women's toilets to be single sex female toilets and not allowing transwomen even with a GRC into them is allowable discriminaton against transwomen with a GRC for reasons of women's safety and dignity etc because there is no other means to provide this level of safety and dignity for women other than by sex segregation (imperfect as it may be), and it is not more than is needed because it does not ban transwomen from using the building for example, because they can use the men's toilets even if they don't want to.
But is arguably even more allowable, and kind and reasonable, and could not be decribed as creating a constructive/ functional if unintended banishment, if additional third neutral spaces are provided for trans and NB people because that mitigates the effect on transwomen of not being allowed into the women's and does not force them to choose between overtly male spaces or finding toilets elsewhere. It really is not necessary to force such a choice when a third space can be created.
But also by my thinking, if policies cause discrimination against women, esp disabled and women from certain religions, by allowing male bodied people into female spaces, then public bodies must be able to storngly argue that this policy is no more than is necessary to achieve the aim of achieving their legit aim of providing facilities for trans people, and show that they are balancing the needs of competing groups.
But I cannot see how this can be argued when the provision of third spaces meets this need, whilst mitigating the effects of discrimination on women and transwomen (and transmen) and also provides for NBs, and foster good relations between the group instead of promoting fighting, hostility and suspicion as they are now.
Any flaws here?!?!!?
Cost maybe? Are public bodies against this third space option mainly because of cost? And so women are forced to put up and shut up? And especially because we are less litigious?
I am sad for transsexual women that the honour system has been lost for them, but I think it was inevitable that other groups would come along and piss all over our trust and boundaries.