So, you’re arguing here that trans people should use opposite sex facilities but only if they pass.
Not necessarily it’s just one argument that applies to a subset. It’s not the only one.
Trans activists want the decision about facility use to be given to the trans person solely, and for it to be actually illegal for either business or individuals to challenge any individual case.
Well they can’t have it. Individual cases can be challenged if it’s a proportionate means of achieving a legitimate aim. Yes the bar is set fairly high, the example in the legislation being about a sexual assault counselling group rather than ‘toilets’.
In my view, No legislation is needed because if trans people really do pass, no one would be the wiser.
They are the ones less likely to run into problems. But there are still situations where others can find out and then treat them differently. For example I bet 90% of the users of this board would not offer a (non sex specific) job to a passing trans woman if they found out about their past subsequent to a successful interview. Or not buy a book or art that they liked that they then found out was by a trans person.
On the other hand steps can be taken to make spaces more welcoming to trans people of the same sex. Via education - don’t assume someone shouldn’t be in a space just because of what they are wearing, etc. And more availability of 3rd spaces for when safety might be a concern.
Gender dysphoria can be extreme enough to cause someone to take cross sex hormones and invasive surgery for life. The likelihood that someone could just ‘deal with it’ enough to go into the toilets of what will feel like the wrong sex, is preposterous.