Gender-based discrimination doesn't exist
There is no such thing as gender-based discrimination. I don't know how "gender" is able to be protected in law when it is impossible to know someone's gender without asking, one's gender can be changed or invented on a whim, and there are no behaviors or characteristics that are exclusive to any gender.

Just as the title says, gender-based discrimination doesn't exist. Every instance of perceived discrimination on the "basis of gender" is a mischaracterization of the situation.

TIMs are not denied access to spaces and services because of their "gender". It's due to their sex. They are males trying to access female spaces and services. If they were female, they would not be denied access. This is sex-based "discrimination" (and in this case the discrimination is not unlawful or bad)

TIMs are not mistreated or harassed because of their "gender". They are mistreated because they are males wearing clothing or behaving in a way that is deemed unacceptable for males but acceptable for females. If they were female, they would not be harassed or mistreated for their clothing choice or mannerisms.

In any situation where a TIM or TIF is being "discriminated" against, ask the question, "If they were actually female or male, would they be treated the same way?" If the answer is "no" that means the discrimination is due to their sex.

In situations where the answer is "yes" they would have been treated the same, that treatment is based on some other factor such as their perceived mental health status, erratic behavior, or other issue that is not related to sex or "gender."

Theoretically, one could make a club that said "no non-binary people allowed." But in this case of hypothetical discrimination, it would be impossible to actually know if someone were non-binary and they could simply change their gender to being a "woman" for the day, as we know "gender is fluid" and enter anyway.

How can "gender" be a "protected characteristic" when it is impossible to discriminate against someone based on gender? How could a judge with half a brain not see how senseless this is?