Good comment:
'One of the curiosities of this guidance is that it says the law requires a justification to ban transwomen from women’s single sex spaces. But transwomen and women are not of the same sex so why should that be different from allowing any man into a women’s single sex space?
This is because the Act drew no distinction between sex and gender. Gender reassignment and sex are two different categories of protected characteristic in the Equality Act. However, in section 7(1) of the Act, sex and gender are used interchangeably:
“A person has the protected characteristic of gender reassignment if the person is proposing to undergo, is undergoing or has undergone a process (or part of a process) for the purpose of reassigning the person's sex by changing physiological or other attributes of sex.”
The problem with this is that there is of course though no process by which you can actually reassign biological sex (as opposed to gender) whatever you do to you physiology or other attributes because sex is immutable. This is therefore a muddle.
In section 11, sex is said to refer to a man or a woman but they are not defined. They should refer to biological sex yet section 7 says this can be reassigned.
There is therefore a confusion at the heart of the Act.
The recently created women’s rights groups should campaign to have these sections amended and add definitions to avoid further confusion.'