@TheCuriousMonkey
jj
Equalities legislation is silent on gender identity. The protected characteristics are sex and gender reassignment.
Equalities legislation permits single sex spaces for reasons of dignity, safety and fairness.
What is being demanded is not the legal status quo. And if it has been the customary status quo because TW have "always" used women's toilets then (i) I don't think consent was ever obtained from women (ii) TW in prisons and women's refuges and in leading roles in women's mental health services has not been the status quo.
It's easy to get bogged down (sorry for pun) in discussions of toilets and changing rooms because all women will use these and because (without meaning to dismiss perfectly understandable objection to TW these spaces) TW may well have "always" used these spaces.
The real test however are places inhabited by a minority, marginalised, particularly vulnerable group of women such as prisons. Has anyone asked them whether they have "always" consented to male bodied people in their prisons?
Thought not.
I think most trans people think it is the legal status quo, and that it has been the custom for decades that people tend to use toilets and changing rooms inline with their gender presentation and identity. I feel it's a bit unfair to suggest that trans people have deliberately usurped the law, and women were kind and didn;t say anything until now when enough became enough. I think trans women used womens toilets and changing facilities because that was what was socially expected and it was safer. Worth remembering perhaps that EHRC say in their guidance trans people should be able to use changing rooms line with their expressed gender (based as you say on the idea that they had, were or were intending to transition). This has also been backed by the courts:
www.lawcentres.org.uk/policy/news/news/kirklees-law-centre-wins-landmark-transgender-discrimination-case
Given this it seems understandable to me why trans women might have thought they had the right to use these spaces (in most circumstances), and now feel concerned that right is being threatened with being taken away. I don't think anything underhand has gone on, it's just no-one really seemed to care about this until a 3/4 years ago. I think it's quite frigtening for trans people who are used to living one way to suddenly be told no that's all over, now they have to use mens spaces, no matter the risk. I hope at least some people on here can acknowledge that.
And this has applied to things like sports, refuges and prisons as well. There have been trans women in womens prisons for a pretty long time, and there is legal support for that as well: www.theguardian.com/society/2009/sep/04/transexual-prisoner-moved-womens-prison
There have certainly been trans inclusive refuges since the 90s, possibly before, whilst Renee Richards was playing womens tennis in the 70s, and the Olympics fist introduction formal trans inclusion (albeit dependent on surgery) in 2004. So there really is a perception I think that a lot of gender critical people are campaigning to roll back existing trans rights rather than prevent new ones. It does feel as if both camps feel they are being threatened with losing something and I can understand why a (theoretical) trans women, on being told she has to leave the womens football team shes played with for a decade, and she has to use suddenly start using toilets, and changing rooms, and she no longer has the protection of the VAWG system if shes raped or a victim of domestic violence, might feel a little aggreived and frightened and think who now, and as such maybe ask at least what evidence there is that her having these rights has caused harm (rights that for years she sincerely thought she had, even if its one day found in the courts she hadnt).
I'm not saying her feelings should trump everything else, or are more important than safety or anything like that, those are other arguments, but just trying to offer some perspective from the opposing side.