I think the proportionality and reasonableness tests have been weakened by it, and I've tried to write about why - but I'm not a lawyer.

The short version is, I think we were relying partly on the untestable possibility of there being a GRC in play, to make the safe option for orgs to be our inclusion. That's gone and people like Sumption are saying it's reasonable though not compulsory to exclude us from changing rooms etc. He actually used the "not getting changed in front of male bodies" as an example of reasonable.

They're going to get the EHRC hatchet job guidance out quick, and then hit us with a bunch of cases to establish case law on their side.

@grayface_ghost This by Falconer is enraging. She’s clearly a transphobe/TERF, because she was out of the gate so quick to attack the NHS. But she is putting all the onus on trans people to fight for their basic rights and humanity. Equality??? That evil person doesn’t know the meaning of the word. 🤬

“Trans people will continue to have protections under the Equality Act because gender reassignment is listed as a protected characteristic.
The Equality and Human Rights Commission - which oversees the application of the Equality Act - is to issue new guidance to help service providers.
The watchdog's head, Baroness Falkner, has suggested trans people should use their "power of advocacy" to ask for facilities including a "third space" for toilets.”

@HarriettMB
They've been arguing this position for a couple of years now - the dodgy schools guidance has their paws all over it for example. I remember solicitors releasing statements saying "Erm lads, I wouldn't actually follow this if you want to stay on the right side of the law."

The new guidance will be out in a few weeks, they're only waiting long enough to plausibly pretend they've had to think about it.