LordProfFekkoThePenguinPhD
Yes but there are some numpties who believe that a male bodied person can be a woman (change their sex) because they say so. That is the argument!
They are free to believe this. We are free to disbelieve this. However, none of this is relevant to the law in question or it is relevant only in that these beliefs are protected under the EqA, too, but irrelevant to a provision made on the basis of sex.
The Equality Act is a balancing act between the rights of different protected groups and sets out how to resolve conflicting rights when this issue arises. That's why it has extensive schedules which discuss conflicts in over 900 separate paragraphs.
Their belief in TWAW does not in itself confer access rights by the way and it does not supersede the rights of the other groups to privacy, especially given that the EqA spells out that alternative arrangements can achieve the aim of protecting the rights of all groups.
Access rights to provisions made for one protected group are always limited to those who share the protected characteristic of that group. In this case, the protected characteristic is sex. Access rights depend on sharing the same sex, either - as I pointed out earlier - legal sex or biological sex.
Glasgow Council must now prove that they have given due consideration to groups who are particularly dependent on this single-sex provision because they have a different protected characteristic.
The problem we face is twofold. Firstly, organisations have been wrongly advised - comprehensively lobbied in a highly emotive manner over a number of years - and will now need to be shown that rather than preventing discrimination they are committing it. Secondly, we lack the relevant legal test cases. We need strong legal challenges where organisations refuse to correct their unlawful policies.
Women living in Glasgow affected by this must now urgently contact anti-discrimination lawyers to legally protest this policy change, as I believe any challenges must be made swiftly. AFAIK, it is best if they qualify for legal aid (but I can't recall the reason why right now).