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The Equality Act 2010 makes it clear that where a women's service provider takes the view that the women for whom the service is meant wouldn't access the service if it is not single sex (i.e. if it does not preclude transwomen) it can lawfully preclude transwomen on this basis>
>'Case by case basis’ in the EA refers to the *specific set of circumstances* in which the single sex exceptions can be applied. And in the specific circumstances where women would self-exclude from a service if it is not female only, making that service female-only can be>
>objectively justified & thus lawful. This is because applying the exceptions in relation to female provision *depends on the needs of women who those provisions are meant for*, not the personal circumstances of trans individuals. The circumstances of trans people are of course>
>relevant in regard to which specific services they may need where single sex services exist, but determining the need for single sex female services, & thus determining where to invoke the single sex exceptions re female provision, depends solely on the needs of female people. >
>This is also why the GRC should make no difference to how & when the single sex exceptions can be applied, & yet it does (as the EHRC, UK Govt & Scottish Govt have stated), & this also needs urgently addressed & impact assessed as part of @scotgov's EQIA on GRA reform.
