Transnegation Roundup/2020/09/20/1

No Right to Access Single-Sex Spaces

• 2020-09-20 06:57 @AnnMSinnott “This a distortion of the law. Trans people do not have a legal right to access single-sex spaces. They can be excluded if it is a proportionate means to achieve a legitimate aim. Such exclusion doesn't equate to gender reassignment discrimination -Equality Act Sch 3, Part 7, s28”

At all? Did she really mean to say that? That would be, like, unless there's a "trans bathroom", you can't use the loo.

However, the law doesn't seem to back up Ann's conclusion that "trans people do not have a legal right to access single-sex spaces". As far as I can tell, it says the opposite: they may not be denied access or harassed, regardless of the provider's religion or sexual orientation. Details are in "Section 29", see below.

• Equality Act 2010
  • Explanatory Notes: Commentary on Sections: Part 16: Schedule 3: Part 7: Separate and single services: item 738 refers to "paragraph 28", which is presumably what is meant by "s28", which goes to:
    • Equality Act 2010: SCHEDULE 3: Part 7 - Gender reassignment: Paragraph 28 "A person does not contravene section 29, so far as relating to gender reassignment discrimination, only because of anything done in relation to a matter within sub-paragraph (2) if the conduct in question is a proportionate means of achieving a legitimate aim." Sub-paragraph two is basically provision of sex-segregated services.
      • Equality Act 2010: Part 3 - Provision of services, etc.: Section 29: long list of rules, mostly "service-provider must not" harass, discriminate, victimise, etc.
    • Item 738 in the "notes", meanwhile, lists some specific exceptions to the Section 28/29 rules, none of which affect the general principle that trans people have a right to access same-sex spaces matching their gender identity. The exceptions are all about practical considerations (no medical need, lack of demand) or personal services where a provider's comfort is important.