I only just read this.
It does take a certain kind of arrogance to criticise a detailed and ‘painstaking’ (to quote Naomi Cunningham) Supreme Court judgement in an area you are not a specialist in.
And I agree that Naomi Cunningham’s response is extremely clear and well-written (as was I think the original judgement) and she is formidably on top of all the issues which women have raised for many years as well as the law.
But once again, we find women having to spend time responding to men about why their boundaries matter. No matter how well this is done or how much expertise the woman brings, it still takes their time, precious time. And thank God that women like NC do this and have done this, but when you read what NC is saying, it seems so self-evident to me that I question, I really question, why men have so little regard for women that this is even an argument, much less one which had to go all the way to the SC and even despite the 88 page painstakingly laid out judgement, is still being challenged. Her final line is devastating, that men basically want women’s submission and compliance, because it is true.
It’s devastating that after over a century and a half at least of women questioning their socially assigned role and seeking to change it, the argument comes down to whether male-bodied people should be able to access single-sex female spaces and that to some men, women matter so little. The provision of single-sex bathrooms and spaces in the public sphere is what allows women to move through the public sphere at all stages of their lives and no matter what has happened to them.
The upshot of Norrie’s argument is that the only way a woman can be sure of same-sex space and privacy is by staying at home, or staying within the radius of her home that she can get back if she needs the loo. Or she needs to accept the violation of the single-sex boundary. In any other context, that would be a form of control.