Ministry of Defence keeps 2019 transgender policy after Supreme Court ruling

The Ministry of Defence has left its 2019 transgender policy in place more than a year after the Supreme Court ruled that sex under the Equality Act refers to biological sex. The policy, still posted on government websites, permits transgender personnel to use accommodation, toilets and changing facilities matching their acquired gender from the start of transition.

Commanders now assess each case individually and consult the department's diversity and inclusion team. The Ministry of Defence has not provided a timetable for issuing new guidance.

Current policy and legal context The 2019 policy states that transitioning personnel should not be required to use facilities corresponding to their biological sex. Following the April 2025 Supreme Court decision, the department instructed commanders to decide access on a case-by-case basis.

" Any revised policy will undergo equality impact assessments and consultation.

Reactions from advocacy groups and opposition Maya Forstater, chief executive of Sex Matters, said the department is failing female service personnel by expecting them to share female-only corridors, showers and washrooms with trans-identifying males.

She warned of potential legal action if the delay continues. Lauren Bone, legal director of the Women's Liberation Front, said single-sex accommodation remains essential for safety. Shadow Defence Secretary James Cartlidge called the uncertainty unfair to service members and urged ministers to act.

An MoD spokesman stated the department is following cross-government guidance while the Government considers future EHRC guidance.