Have we ever seen a test case whereby a woman's right to privacy and dignity in shared open changing rooms away from penises has been tested in law?
Considering the issue with the clash in laws on vouyerism, this is particularly key.
My point here being, do we actually have an explicit legally sound argument that a right to access to female changing rooms is enshrined in law for transwomen?
We have a right for transwomen not to be harassed and singled out or outted for being trans but this doesn't actually necessarily in practice mean they have a right to inclusion in women's open changing facilities - especially if they don't have a GRC. We are not allowed to ask for a GRC.
The whole access to the changing rooms was accepted on the understanding (misguided) that we were talking about post-operative males and males who had a GRC or at the very least had invested significate energy already into a pathway to a GRC and a view to surgery. We now talk about males who have absoluetly no intention of either and males who openly talk about gaming the system through transmaxxing.
We also have no legal obligations placed on organisations to state whether they are mixed sex or single sex - the definition is set by the organisation and isn't transparent to women to make informed decisions about. If you ask the question you are immediately treated as a criminal (see the on going tribunal case which is being tweeted today).
The law actually talks about case by case decisions rather than blanket bans - so according to circumstances and the concept of reasonable adjustments. It also has explicit exemptions which keep being conveniantly ignored by people who don't want to hear it.
In reality the status quo is based on social convention where it was understood it was a tiny number who had a medical condition not an increasingly large number some of whom freely admit to or use language which suggests a fetish is driving their identity. It also was based on the myth of a lack of penises. Which again we know not to be true.
Given there are also considerations relating to religious belief and homosexuality which are being ignored as part of trying to make single sex, mixed sex this is a real issue.
Its a bit like the whole charade with the hate crime laws. We were TOLD that saying transwoman are men was a hate crime and that police scotland would prosecute. In reality, police scotland are saying 'hmm no' and theres every reason to believe that a court case would throw out such accusations as being totally bollocks because of other existing laws.
Here we are being told that transwomen have an absoluete right to access to women's changing rooms. Yet, has this been tested in the courts? Has it hell.