Here's my thinking on this, please tell me where I'm wrong:
- Glasgow Council through Glasgow Life is facilitating the sexual harassment of female service users.
Crossdressing is often an activity that is sexually motivated. Engaging in a sexual activity that involves others without their consent is sexual harassment. While crossdressing itself is not illegal, in this case it happens in circumstances where service users have the legal right to be protected from such conduct because they are accessing what are single-sex provisions.
By expressly allowing male crossdressers unlawful access to females in female-only provisions, Glasgow Council is facilitating sexual harassment.
- Access to single-sex spaces and services is lawfully limited according to either biological sex only or legal and biological sex (as per the EqA). Glasgow Council is allowing males access to female only provisions who are legally and biologically male and therefore have no right to access them at all.
Glasgow Council are thereby discriminating against female people who have a legal right to privacy under the EqA.
- Single-sex provisions are in fact an instance of discrimination on the basis on sex. The EqA sets out six specific exemptions that allow this. However, this discrimination is only lawful if all members of one sex are excluded from the opposite-sex provision.
There are two versions of this exclusion: either by biological sex which excludes all members of the opposite sex or by legal sex, which includes those members of the opposite sex who have a GRC and are therefore thought to share the same legal sex.
By excluding legal and biological males who do not crossdress or identify as trans from female-only provisions while including legal and biological males who do crossdress or identify as trans, Glasgow Council is therefore unlawfully discriminating against the former on the basis of their sex.
There is simply no legal mechanism whereby the former can be denied access while the latter are granted access when it comes to provisions segregated on the basis of sex because gender reassignment does not supersede sex where single-sex provisions are concerned.
- Glasgow Council is potentially breaching the human rights of children under the UN Convention on the Rights of the Child by denying female children female-only provisions and by specifically setting out a policy designed to treat their or their parents' complaints with contempt.
- Glasgow Council is engaging in multiple instances of unlawful conduct, some of which specifically puts female service users users at risk of sexual assault and harassment and which furthermore specifically facilitates sexual harassment in the case of voyeurs, flashers and males who crossdress for sexual gratification.
Whatever liability insurance the council has is unlikely to be valid should an incident occur leading to a claim. That's because upholding domestic law is a condition for insurance to be valid.