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Isn't it that the law requires trans women (defined more broadly than your (2) because of s.7) to be included unless the single sex exemption under schedule 7 para 26 is applied in which case the exclusion has to be proportionate?pic.twitter.com/qutmIieRmN
No I think you are starting in the wrong place here. The single/seperate sex exemption s26 is what allows you to have a womens (& mens) pond in the first place. You dont invoke the exemption to exclude transwomen but to exclude men.pic.twitter.com/eiYqmum3Dy
S.7 defines the PC of gender reassignment, but it doesn't change people's sex. So as the EHRC (belatedly) made clear transwomen without a GRC are legally men, & would be covered by the exemption in the same way as other men (who may also have other PCs) https://www.equalityhumanrights.com/en/our-work/news/our-statement-sex-and-gender-reassignment-legal-protections-and-language …
Then the question is should they also invoke Schedule 3 para 28 to exclude transwomen w a GRC who are legally women. Is it proportionate. I would say yes. Because the reason for the single sex exemption in the first place is to allow bodily privacy.
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