However it's phrased and however it's dressed up in nice figleafs like 'same gender' it always equals the same thing - men get to do what they want and women get to submit or else.
On a binary, sexed basis.
And when I say 'men' - well, decent men don't treat other people's boundaries, feelings and equalities like this, so draw your own conclusion about the kind of man who is willing to take advantage of this mess and coercively control and handle a woman for their own gratification. The woman will have no idea whether that gratification is a validation of identity or something entirely carnal, but it's not like to her it matters when the man's hands are on her body against her will and to her distress and she has no choice but to let him.
This is despicable cowardice. This is assault. To try to avoid facing up to it by a lot of word salad and buck passing makes it worse. If the Scots govt are fully in favour of men being permitted to assault non consenting women with the women under threat of punishment for daring to question never mind resist, then they can stand up and own it. And justify it.
It is not because they believe those men are women. It cannot be when they are dividing who has rights and who doesn't on a binary sexed basis. They know exactly what the sex is of everyone in the situation.