I am concerned that this is where there will be strategic litigation.
The Supreme Court ruling is clear that something cannot say it is single sex and admit the other sex. It cannot say it is for same sex attracted people and admit people who are heterosexual.
Therefore, an association cannot restrict its membership to only lesbians and transwomen, because they do not share the same protected characteristic.
Now, we may be happy with that law. It is what will ultimately cause Girl Guides to be either single sex or entirely mixed sex. But we would be naive to think that there are not many many people out there who really really want to organise such groups. And who really really want to challenge this law.
The question is, if they do, who has the legal standing to take them to court who would actually want to do that? I think they would need to be taken to court by someone who they were illegally excluding? Rather than, for example, the EHRC?
I don’t think they need to go to court to get permission to set one up? They can set it up and then wait to be challenged?
And if they do campaign for a change in the law and win, we are nearly back to where we were with associations. With the small win that they are definitely permitted to exclude males from a female lesbian group if they want to.
Note this only applies to associations. Services (eg rape centres) are entirely different and I am confident the law won’t change there, but obviously relies on the service provider wanting to provide the single sex service.