My understanding is that the law only requires 1. Cis women and 2. Trans women with GRC to be allowed into the Ladies Pond. What I've suggested is slightly more generous- anyone with female ID - as there are hard cases and majority of trans people don't currently have a GRC.
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Replying to @EmmaDixon_EU
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
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Replying to @AdamWagner1 @EmmaDixon_EU
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
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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 …
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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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The single sex ponds are places where men & women don't expect to be exposed while in a state of undress/half dressed to people of the opposite sex, and therefore to keep that expectation, excluding people of the opposite sex is proportionate, especially since there are 3 pondspic.twitter.com/xZyg8NULpK
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Some people believe that a person with a penis can be a woman, some (a majority) don't. Neither group should be discriminated against in everyday life. But in situations involving taking your clothes off with strangers, integration of the two groups is not possible.pic.twitter.com/klAZCYuQX8
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Replying to @MForstater @AdamWagner1
But this isn't about belief surely, it is about what the law says. And since the GRA 2004 someone with a penis *is* a woman if they go through the GRC procedure successfully.
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Replying to @EmmaDixon_EU @AdamWagner1
(NB: my case is about belief discrimination, https://www.crowdjustice.com/case/lost-job-speaking-out/ …... I think it is about what the law says about belief as a protected characteristic, as well as sex and gender reassignment PCs)
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Yes the law says if you go through the GRC process you are legally the opposite sex - but not for every purpose (for example peerages and inheritance! ). And para 28 schedule 3 allows for exclusion based on gender reassignment, where this is proportionate.
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Other sections in the EqA also allow exclusion based on gender reassignment -- e.g. in sports and communal accommodation. The aim of the GRA to enable trans people respect for privacy and family life , & the right to marry, not to undress with strangers of the opposite sex!
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