Exclusive | TL;DR: New guidance shared with QueerAF details that UK armed forces personnel and civil servants working within the Ministry of Defence "may not use facilities of their affirmed gender which are designated as single-sex." It sets out that Trans armed forces members will be placed in accommodation aligning with their 'biological sex' or that "alternative accommodation arrangements may be considered, including single occupancy rooms".
New guidance from the Ministry of Defence, seen by QueerAF, sets out that Trans service members will be "accommodated in line with their biological sex", the definition of which has been determined by the Supreme Court as sex assigned at birth.
The guidance says civil service staff and Trans+ armed forces members will not be required to use facilities "of their biological sex if this is undesirable or impractical," and if this is the case it suggests mixed-sex or gender neutral facilities will instead be appropriate.
It does set out that Trans+ service personnel are not required to out themselves to any MoD representative, but adds that this does not mean that an individual can never lawfully be asked to disclose or confirm their sex:
"Where sex is relevant to the lawful provision of a service, exercise of a public function or other legal requirement, an organisation may ask for confirmation of an individual’s sex."
The policy, which is an update to the 'JSP 889' guidance for 'Supporting Trans and Non-Binary MoD civil servants and service personnel ', also adds that names, titles and pronouns should be respected.
But it does so while adding that where differing views arise, "managers and commanders should avoid assuming that disagreement necessarily amounts to misconduct and should distinguish between respectfully expressed protected beliefs and behaviour that amounts to bullying, harassment or discrimination."
QueerAF understands several government departments are set to release similar guidance, and there seems to have been coordinated activity to release them at the same time.
The guidance mirrors that which was leaked to The Metro earlier in the year, including support for civil servants to have "either Paid Special Leave or sickness absence" for gender reassignment treatments and to facilitate "a period of personal adjustment".
The Ministry of Defence is overseen by a number of ministers, including Wes Streeting, the Secretary of State for Defence. Under his previous tenure as Health Secretary, the UK government rolled back access to Trans+ healthcare for young trans teens - QueerAF
The MoD has confirmed receipt of, but not responded to, QueerAF's requests for comment.
Analysis: Supreme Court's supposed limited impact is ever growing
In its original petition to the Supreme Court, For Women Scotland claimed that excluding trans women from the Equality Act 2010’s definition of women would preserve cisgender women’s “decency and dignity and a sense of safety.”
One year on and women are no safer. In fact, there are growing instances of 'sex questioning', which the EHRC said would be rare.
This news is the latest in increasing rollouts of policies from the government based on the EHRC code of practice.
This week alone we saw NHS England institute a similar policy for patients, which has already been called unworkable, with warnings it may lead to deaths.
All of this is creating a culture where more of the public, colleagues and now it seems doctors and nurses are feeling enabled to justify tacit transphobic and misogynistic views about the ever-narrowing ideals of what being a man and woman are - and whether people are conforming to them.
The implementation of the EHRC code is a stark and scary moment.
Segregation has already begun - with signs appearing across even spaces that might feel like progressive bastions - pointing Trans+ people to gender nuetral bathrooms.
Despite claims 'sex questioning' will be rare, forms of gender policing have been on the rise since anti-trans movements gained a foothold in the public sphere.
We're aware of all kinds of attempts to undermine Trans+ rights taking place at businesses, in government and in civil society. But we simply don't have the resources to investigate them all.
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It's clear there are dark and powerful forces behind those who are seeking to take away our rights.
QueerAF has a proven track record of bringing them into the light, so you can use that information to fight back.
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