The latest ban on transgender service members is legally in effect after two years of tweets, lawsuits, and political wrangling in Washington. It took four court battles to keep those who fail to meet military standards for their birth sex from serving in the U.S. military. Like it or not, this is the policy handed down from the Commander-In-Chief and implemented by the Department of Defense.
According to the DoD, its new policy is less of a “ban” and more of a specific directive on how to handle those with gender dysphoria. Thomas Crosson, the Deputy Director of Defense Public Affairs Operations says anti-discriminatory policies are still in effect.
“The policy specifically prohibits discrimination based on gender identity,” Crosson said in a video press release. “This policy focuses on the medical diagnosis of gender dysphoria and aspects of this condition that may limit the servicemember’s ability to deploy.”
The President first announced the policy via Twitter in 2017. It was to take effect in January 2018.
Crosson went on to add that the Pentagon welcomes anyone who can meet the military’s standards, but what he meant was the standards of their gender at birth. Some current servicemembers will be exempt from the new policy, including those who joined the military in their preferred gender or received a gender dysphoria diagnosis before the new policy takes effect.
Current servicemembers who identify as transgender with no diagnosis or history of gender dysphoria will see no change in their service, so long as they serve in their biological gender. Those who did receive a diagnosis or have a known history were once able to serve in their preferred gender once completing their physical transition, but must now serve in their birth gender. Except for those exempt persons, if the member cannot serve in that capacity, they may be forced to separate.
In January 2019, the Supreme Court allowed enforcement of the policy while lawsuits were still pending.
Incoming transgender troops or those interested in applying will experience the biggest changes in policy. Those coming in with no diagnosis or history of gender dysphoria can still join but must meet the qualifications and expectations of their gender assigned at birth. Those incoming troops who do have a diagnosis or history can still serve, but must show 36 months of stability and serve in their biological gender.
New applicants who have already physically transitioned to their preferred gender are disqualified from serving in the United States military.
The transgender ban went into full effect in April 2019.
The Defense Department believes anyone who can meet the military standards of their gender without special accommodations should be able to serve and that this statement includes transgender Americans. According to the DoD, gender dysphoria is a serious medical condition, and those who underwent cross-gender reassignment surgery and cross-gender hormone therapy may not be able to meet the military standards associated with their gender. This fact, the Pentagon says, could adversely affect unit readiness and combat effectiveness.
But, like with most DoD policies, standards, and military regulations, “waivers can be made for individuals on a case-by-case basis.”