You seem to be arguing from a user right to expect segregation, but UK law does not have such a right. The closest I can think of is a Canadian case, which establishes a right to privacy from "other sex" when nude only.
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Replying to @ramendik @MForstater and
However, when there is actual shared nudity (not the case in toilets), the "indistinguishable for all practical purposes" guidance can be applied, which in that specific case means genital configuration as visible. It was probably written *for* that specific case.
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Replying to @ramendik @Flashmaggie and
No. If a woman is vulnerable in a space which she has been told is female only and hears a man's voice, she does not have to wait to *see* his genitals to distinguish and to panic. People should be told clearly if spaces are single sex or mixed sex.
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Replying to @MForstater @Flashmaggie and
The current government guidance says otherwise. you want to make the law, as practiced, more restrictive towards trans people.
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Replying to @ramendik @MForstater and
1) Women have exemptions under the Equality Act for good reasons. If anyone can claim to be a woman, with or without a GRC, it renders those exemptions unenforcable. A majority of those who claim a female gender identity are physically male. Statistics show that they're no less
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Replying to @Flashmaggie @MForstater and
Users (women or otherwise) do not have any claim to a right to segregation under EA 2010. The exceptions are opt-in for providers and *also* require proportional cause, which means that a legitimate aim can not reasonably be achieved in a less restrictive way.
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Replying to @ramendik @Flashmaggie and
Right but that is the point. If you opt in to having a female changing room (or other service) then this means you exclude males from it. There isn't a "less restrictive" way of providing a female only service than only including females. Or you don't, and you make it mixed sex.
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Replying to @MForstater @Flashmaggie and
Unless the place is political or religious, "providing a female only service" is not a legitimate aim in itself, but a means to some other aim, such as privacy. For example, in a clothing shop privacy is provided by cubicles - the guidance is clear about that.
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Replying to @ramendik @MForstater and
(Religious services have a blanket exemption. Noncommercial political gatherings are unlikely to be subject to the law at all, but I am not a lawyer),
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Replying to @ramendik @MForstater and
Your side seems to claim there is such a thing as a blanket right to "single-sex services, biologically defined". There is no such blanket right, either for users or providers. Providers can *opt to* do it *if* they can show legitimate aim. Users have no such right at all.
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No.Its useful shorthand in practice. Pple have rights against discrimination, direct or indirect or harassment linked to their sex. There are exemptions that allow single sex services for reasons as set out in the EqA In which case *sex* is the relevant protected characteristic
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Replying to @MForstater @Flashmaggie and
Reasons are important. With this "shorthand", your side has protested against clothing shops doing *exactly what the guidance says they are to do*.
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