I think you might run afoul of discrimination laws again if you are only carding 'people who look like men'. I also think you are going to upset a lot of cis-women who get carded!
I guess that depends on where you live and what the exact text of the law in question is.
But beyond that, laws can be amended. They aren't locked in stone. Granted, some laws are harder to amend than others, such as those encoded directly in the US constitution. But even those can be modified.
That's why I don't really consider what the law
is to be an obstacle when discussing opinions on what the law
should be.
I guess for gyms or whatever though it should be something that is dealt with at the time of applying for membership generally.
At the time of membership, or when paying for one time admission at a pool, maybe. That type of thing.
I'm not a lawyer but I think the general principle would have to be either 'everyone has to prove their gender' or 'nobody has to prove their gender'
The scenarios you and I described above meet that requirement.
It occurs to me that it there are cases when it doesn't however. Changing rooms at public beaches, for example, where there is no admission or membership process. Just open changing rooms with showers to rinse the saltwater off.
I get your point. Generally, encoding things into law removes the flexibility to make case by case judgements. But if it's approached from the property rights side of things, can an owner/manager verify the applicability of the rights on the property he controls?
I guess it could be a voluntary thing where transpeople volunteer the information if they like to avoid embarassment or hassle further down the line?
See, here is the problem. If you make any kind of verification optional, you make any kind of segregation rule unenforceable. Now, few people like the oft-mentioned Seani (sp?) are likely to try to use female spaces. But some will. And some of them may not actually identify as women. There is no way to effectively enforce the rule in the rare event that it is exploited by a voyeuristic cis-man. Any attempt to do so by, say, monitoring or shaming could result in a discrimination lawsuit if the accuser is incorrect.
Requiring
anyone to either provide ID or vacate if challenged allows for enforcement. Unfortunately, that means that some people will be mis-identiofied. I don't have a solution for that.
I know there's an argument to be made to look at behavior rather than appearance. But what would the behavior of a voyeur be? Hanging out in the locker room an excessive amount of time?
Absence of that ability, for practical purposes, amounts to unisex spaces with an unenforceable understanding that men will generally use room A and women will generally use B.
Unless you want to argue for unisex spaces designed appropriately, which neither cis nor trans women appear to favor, I think LondonJohn's suggestion here is about the best available solution.