Story at a glance
- In 2019, President Trump enacted a policy effectively banning transgender Americans from openly serving in the military.
- The ban was challenged in courts by several current and aspiring service members.
- President Biden signed an executive order reinstating protections for transgender service members extended by the Obama administration.
President Biden took the first step Monday in overturning the Trump administration’s ban on openly transgender military service members in a long-awaited move for LGBTQ+ Americans and advocates.
“President Biden believes that gender identity should not be a bar to military service, and that America’s strength is found in its diversity,” said a statement from the White House, first reported by the Washington Blade. “This question of how to enable all qualified Americans to serve in the military is easily answered by recognizing our core values. America is stronger, at home and around the world, when it is inclusive. The military is no exception. Allowing all qualified Americans to serve their country in uniform is better for the military and better for the country because an inclusive force is a more effective force.”
As I previously reported, the EO doesn’t at once undo all restrictions on trans service.
For now, gender dysphoria aren’t cause for discharge, but trans enlistments are still on hold.
DOD and DHS, after consultation with Joint Chiefs, must produce a report within 60 days. pic.twitter.com/imsxIU6ntv
— Chris Johnson (@chrisjohnson82) January 25, 2021
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The executive order won’t reverse the policy immediately, and it will take time to issue the proposed changes, which do not address enlistments but bar any discharges based on gender identity. Still, LGBTQ+ advocates were encouraged by the move.
By prioritizing an end to this discriminatory, unjustified ban, President Biden has fulfilled a campaign promise and is making our military stronger and more unified.
— GLAAD (@glaad) January 25, 2021
“This discriminatory ban was cruel and unnecessary from its inception, and we hope that its reversal sends a clear message to transgender and nonbinary youth everywhere that they should be proud of who they are, that they are deserving of our country’s respect, and that they have the right to serve with honor,” said Amit Paley, CEO and Executive Director of The Trevor Project, in a statement. “We know that supporting and affirming transgender and nonbinary youth produces positive mental health outcomes and reduces suicide risk — and that discriminatory policies have an adverse effect.”
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Gen. Lloyd Austin, who was officially sworn in on Jan. 25, was confirmed on Friday and has expressed his support for the change.
“I support the plan to overturn the ban,” Austin said during his confirmation hearing. “I truly believe that if you’re a fit and you’re qualified to serve and you can maintain the standards, you should be allowed to serve.”
There were roughly 14,700 transgender troops serving in 2018, just a year before the Trump administration enacted a new policy that prohibited Americans who are taking hormones or have already undergone a gender transition from enlisting. While more than 900 service members who had already received a diagnosis of gender dysphoria were allowed to remain openly transgender and receive medical care afforded under the Obama administrations policies, those who were later diagnosed with gender dysphoria were not.
The ban had been challenged in courts under the argument that it was discriminatory against transgender Americans, but it had not successfully been overturned. Last May, the Navy granted the first waiver to a transgender officer, allowing her to openly serve “in their preferred gender” (although that phrasing is inaccurate).
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