Thank you so much for your posts CharlieParley.
As you have pointed out: EHRC guidance seems flawed, talking about being able to separate out men (non GRC holders) ‘who are visually and for all practical purposes indistinguishable from other women" as if that were a legally watertight category.
This ‘test’ (of ‘visually’ indistinguishable and ‘for all practical purposes’ indistinguishable) is a mess, not really a test at all because it is so subjective.
So for example, a women’s support group event organiser might feel there are inherently NO practical purposes for which men are ‘indistinguishable from other women’, because (well there could be zillions of reasons but just to pick one: men don’t grow up with female socialisation-usually- or experience female puberty to become a woman-always-, both of which are something that most women would say is fundamentally formative to our experience of adult womanhood..) Another organiser might believe TWAW and see no issue. Then what happens to the users of the women’s support group who want to be talking freely among women?
I can’t see how this EHRC guidance offers any clear, legally watertight practical, common point of reference to use - which would be the minimum you’d expect really from guidance isn’t it?
I find it staggering that EHRC has not made it clear, even after this recent clarification, as to when the GRC holders can be excluded and when not. Why did they not?
As you said Charley, ‘we have no real guidance on how to enforce this option and how the procedure works for excluding GRC-holders. We also have no case law testing the limits of this option (as to which are legitimate reasons or proportionate means).’
This just makes me 
How is it OK for EHRC to leave individual women and organisations so vulnerable by not letting the law be clearly understood and used?
I’m sorry to sound tin-foil-hatted but it feels like the EHRC are basically letting TRA Twitter mobs and grandmother-punchers at Speakers’ Corner be the decider of how the law can be safely interpreted in practice.
IANAL, sorry if all this is old news to everyone but I am shocked that that the GRA still exists now we have equal pension ages and same sex marriage, what legal purpose is it serving aside from personal validation? (Genuine question, not a rhetorical question)
I’m worried at the consequent ££££££ of public money that may be spent on services and training, due to this lack of legal clarity simply because decision-makers are scared of the consequences for their reputations if they exclude some groups of people.
I mean if you can’t with clarity legally exclude one sex of people from (...insert here any example of NHS or local-authority-funded school or college or any publicly funded activity..) however inappropriately to the service aims.
Maybe I have misunderstood what EHRC is for though and what power their guidance could have, in which case apologies- is it right that we really can only use case law to resolve this question, short of an updated GRA?
Or maybe we need to ask Parliament to step up and make recommendations for the law to be made clearer- what about asking the Joint committee on human rights for a ‘thematic enquiry’ on this area?
This current pursuance of genderism as a political goal raises multiple human rights issues for women and girls, particularly those reliant on public services like schools, hospitals and prisons, and for lesbian and gay people, and does not even serve to let GRC holders to know where they stand.
www.parliament.uk/business/committees/committees-a-z/joint-select/human-rights-committee/role/
(And at least inside Westminster parliament there can be an exchange of views on these issues undertaken freely and in safety
...)