Reversing Trump, Pentagon releases new transgender policies
The Pentagon on Wednesday swept away Trump- era policies that largely banned transgender people from serving in the military, issuing new rules that offer them wider access to medical care and assistance with gender transition.
The new department regulations allow transgender people who meet military standards to enlist and serve openly in their self-identified gender, and they will be able to get medically necessary transitionrelated care authorized by law, chief Pentagon spokesman John Kirby told reporters during a briefing.
The changes come after a two-month Pentagon review aimed at developing guidelines for the new policy, which was announced by President Joe Biden just days after he took office in January.
Order details
Biden’s executive order overturned the Trump policy and immediately prohibited any service member from being forced out of the military on the basis of gender identity. Defense Secretary Lloyd Austin then gave the Pentagon two months to finalize the more detailed regulations that the military services will follow.
The new rules also prohibit discrimination based on gender identity. Their release Wednesday coincides with International Transgender Day of Visibility, and they will take effect in 30 days. Kirby said that will give the military services the time they need to update their policies and provide guidance to commanders.
“The United States military is the greatest fighting force on the planet because we are composed of an all-volunteer team willing to step up and defend the rights and freedoms of all Americans,” Austin said in a statement Wednesday. “We will remain the best and most capable team because we avail ourselves of the best possible talent that America has to offer, regardless of gender identity.”
Austin has also called for a reexamination of the records of service members who were discharged or denied reenlistment because of gender identity issues under the previous policy. Stephanie Miller, the director of military accession policy, told reporters there is no data yet on how many people that may be.
Until a few years ago, service members could be discharged from the military for being transgender, but that changed during the Obama administration. In 2016, the Pentagon announced that transgender people already serving in the military would be allowed to serve openly, and that by July 2017 they would be allowed to enlist.
After Donald Trump took office, however, his administration delayed the enlistment date and called for additional study. A few weeks later, Trump caught military leaders by surprise, tweeting that the government wouldn’t accept or allow transgender people to serve “in any capacity” in the military.
After a lengthy and complicated legal battle and additional reviews, the Defense Department in April 2019 approved a policy that fell short of an all- out ban but barred transgender troops and recruits from transitioning to another sex and required most individuals to serve in what the administration called their “birth gender.”
Under that policy, currently serving transgender troops and anyone who had signed an enlistment contract before the effective date could continue with plans for hormone treatments and gender transition if they had been diagnosed with gender dysphoria.
But after that date, no one with gender dysphoria who was taking hormones or had transitioned to another gender was allowed to enlist. Troops that were already serving and were diagnosed with gender dysphoria were required to serve in the gender assigned at birth and were barred from taking hormones or getting transition surgery.
The new policies released Wednesday are similar to those developed in 2016. The announcement was praised by advocacy groups and members of Congress.