New Pentagon Policy Sparks Controversy over Transgender Military Service
Washington D.C. – A newly implemented Pentagon policy is generating significant controversy and raising concerns about the future of transgender individuals serving in the United States military. According to a House member and advocates for transgender service members, the policy effectively bans troops from serving in a gender identity different from the sex they were assigned at birth.
Shannon Minter, a lawyer who previously challenged the Pentagon’s attempt to ban transgender service members, sharply criticized the policy, stating that the administration is "betraying" individuals who "faithfully followed the rules" and "put their lives on the line to serve our country." Minter went further, describing the policy as "a complete purge of all transgender individuals from military service."
The Defense Department formally issued the policy on Wednesday, directing all service branches to identify transgender service members by March 26. Those who do not obtain waivers by June 25 will face "separation" or removal from the military.
A central point of contention is the policy’s assertion that there are only two sexes. A judge involved in a lawsuit challenging the policy has noted that this assertion contradicts widespread scientific consensus. Additionally, the policy mandates that service members use bathing and shower facilities corresponding to their sex assigned at birth and prohibits them from sharing bathing or sleeping facilities with members of another sex, except in rare circumstances.
The policy also eliminates coverage for sex reassignment surgery, a benefit that was previously available with a physician’s recommendation.
While waivers are theoretically possible, they are only available to service members who "have never attempted to transition to any sex other than their sex assigned at birth and who adhere to standards associated with the service member’s sex" assigned at birth. This provision effectively excludes transgender individuals who have already transitioned or who are seeking to transition.
Rep. Gil Cisneros, a Democrat from California and a member of the House Armed Services Committee, echoed concerns about the policy, describing it as "a ban plain and simple." He argued that "requiring troops to serve in their assigned birth sex is ‘a ban plain and simple.’"
"That’s what makes someone transgender: living in, or seeking to live in if one could, a sex different from their birth sex," Cisneros explained. "Requiring service in one’s birth sex requires a transgender individual to suppress being transgender – echoing the goal of discredited conversion therapy practices."
The issue of transgender service in the military has been a long-standing battleground. The Pentagon began accepting transgender troops in June 2016, following a year-long study and a Rand Corp. report that examined 18 other countries that allow transgender service. The study concluded that allowing transgender individuals to serve would have no adverse impact on unit cohesion, operational effectiveness, or readiness.
Former President Donald Trump banned transgender service during his first term. This order faced immediate legal challenges, and judges in four separate lawsuits initially blocked its implementation. However, the Supreme Court eventually cleared the way for a revised policy in January 2019. This revised policy barred transgender people from enlisting, participating in Reserve Officers Training Corps (ROTC), or attending military academies.
Upon taking office, former President Joe Biden overturned Trump’s ban during his first week. However, the policy debate remained active, with Trump reversing Biden’s order and imposing another ban on transgender service members, leading to further legal action.
Currently, U.S. District Judge Ana Reyes is presiding over a case challenging the latest iteration of the policy. She conducted two days of hearings last week to consider whether to block the military policy, but postponed her decision pending the release of the Pentagon’s official policy.
Judge Reyes has scheduled the next hearing for March 12 to consider whether to issue a preliminary injunction to block the policy. The transgender troops suing the government are required to submit their written arguments by March 4, while the government must respond by March 11.
The outcome of this legal challenge will have significant implications for the future of transgender individuals seeking to serve in the U.S. military. Critics of the policy argue that it is discriminatory and based on outdated and inaccurate information about gender identity. They also emphasize the potential harm to transgender service members who are already serving and who have dedicated their lives to defending the nation. Proponents of the policy assert that it is necessary to maintain military readiness and unit cohesion. The legal and political battles surrounding this issue are expected to continue as the case progresses through the courts. This is a complex and highly sensitive issue with deeply held beliefs on both sides.
