Big up to JK Rowling.
I don't agree with her opinion, but it's sadly up to people like her to highlight the stupidity of the law as set, out by making reference cases.
Person A says they think that a thing is true . (Say, that single-sex private clubs, or yoga classes, are fine.)
Person B claims they are "really offended", and as a direct consequence of that reaction, person A is guilty.
Farce.
Sometimes it's clear to a disinterested person whether person A or person B was being a jerk, but often it's not. Trying to legislate for it is going to cause problems.