Pentagon Memo Details How Trans Individuals Will Be Processed Into U.S. Military

NBC News reports on a Pentagon memo which outlines in great detail how transgender individuals will be processed into the military using their “preferred” gender versus their identified sex at birth.

A Department of Defense memo dated December 8, 2017, explains that if an applicant’s preferred gender is different than their birth sex, they may present a birth certificate, court order or passport indicating their preferred sex and will be processed into the military under that gender.

Room assignments, height and weight standards, medical exams, underwear requirements, and bathroom assignments will be determined based on the “preferred” gender, even when the individual retains “the anatomical characteristics of their birth sex,” the memo says.

The memo details in great specificity how transgender individuals will operate in the military, including directing that transgender male applicants who have not undergone hormone therapy or surgical changes will wear undergarments “consistent with their physical anatomy” and will be administered pregnancy tests like female applicants undergoing in-processing.

Both male and female applicants who have undergone sex reassignment surgery or genital reconstruction will be disqualified from joining the military unless they have been physically and emotionally stable for at least 18 months.

Applicants may request privacy during the group screening procedures and have chaperones based on preferred gender, not birth sex. In fact, once processed, the only record of a discrepancy between birth sex and preferred gender is a medical history form, DD 2807, maintaining an applicant’s privacy.

“Every applicant will be treated with dignity and respect,” the memo says.

While the Trump White House says it has not exhausted all legal options, the Pentagon has issued a statement saying it will obey recent court orders knocking down the Trump ban.

Transgender individuals will be allowed to enlist beginning January 1, 2018.

Federal Appeals Court Denies Trump Administration Request To Stop Transgender Military Recruits Jan. 1

The Fourth Circuit Court of Appeals in Virginia has denied a request by the Trump administration to prevent the U.S. military from accepting transgender recruits starting Jan. 1.

From Reuters:

The administration had urged the appeals court to suspend an order by a federal judge in Baltimore for the armed forces to begin accepting transgender recruits on that date. The administration has said the Jan. 1 start date was causing the armed forces to scramble to revise their policies at the risk of harming military readiness.

In a brief two-paragraph order, the three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals said it was denying the administration’s request while the appeal proceeds.

Several transgender service members filed suit in Maryland after Trump said in July he would ban transgender people from the military, a move that would reverse a policy of the Republican president’s Democratic predecessor Barack Obama to accept them. Trump cited concern over military focus and medical costs.

So far, three federal judges around the country have issued injunctions blocking Trump’s ban. His administration has appealed all three rulings.

Pentagon Will Accept Transgender Recruits January 1 Despite Trump Objections

A federal judge has denied the Trump administration’s request to bar transgender folks from enlisting in the U.S. military which means the Pentagon will have to allow trans recruits beginning January 1.

From LGBTQ Nation:

U.S. District Judge Colleen Kollar-Kotelly ruled against overturning her ruling, delivered back in October, that trans people should be able to enlist at the start of the year, despite an ongoing legal battle.

Kollar-Kotelly was one of two federal judges to rule against the ban, the most recent of which also prohibits the federal government from refusing to cover health costs associated with gender confirmation surgery.

On the same day as the second ruling against them, the Trump administration asked for clarification on Kollar-Kotelly’s ruling. Was she really saying they couldn’t delay trans soldiers from enlisting while the legal battle raged on, and while the Defense Department reviews the issue? Why, yes. Yes she was.

Even that wasn’t enough for them, however. They tried one last time to block trans people, filing for an emergency stay against Kollar-Kotelly’s ruling.

Today’s ruling means the military has no choice but to begin allowing trans people to join the military, but doing so won’t be easy.

As the Associated Press reports, “the Pentagon can disqualify potential recruits with gender dysphoria, a history of medical treatments associated with gender transition and those who underwent reconstruction. But such recruits are allowed in if a medical provider certifies they’ve been clinically stable in the preferred sex for 18 months and are free of significant distress or impairment in social, occupational or other important areas.”

Individuals on hormone therapy will have to be stable on their medication for 18 months.

Federal Judge Rules Donald Trump’s Transgender Military Ban “Capricious, Arbitrary, and Unqualified”

Back in 2016, President Obama and Pentagon officials had decided that transgender troops could serve in the U.S. military without impacting military readiness or morale.

After a year-long review to make sure the rule change would be smooth, Donald Trump surprised military leaders by announced a ban on transgender military service members via Twitter:

Concerned transgender troops filed a lawsuit saying the decision violated their constitutional rights to due process and failed to follow proper rulemaking procedures.

In October, a federal judge in Washington, DC, agreed with the troops and put Trump’s ban on hold.

Today, US District Judge Marvin J. Garbis agreed in a parallel lawsuit in Maryland putting a complete stop on Trump’s proposed ban.

Judge Garbis looked at Trump’s tweets and ruled they did not come from solid policy making.

“President Trump’s tweets did not emerge from a policy review, nor did the Presidential Memorandum identify any policymaking process or evidence demonstrating that the revocation of transgender rights was necessary for any legitimate national interest,” the judge wrote.

In fact, the judge called the tweets “shocking.”

“An unexpected announcement by the President and Commander in Chief of the United States via Twitter that ‘the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military’ certainly can be considered shocking under the circumstances,” read Judge Garbis’ ruling.

More from Dominic Holden at Buzzfeed:

Trump reversing that 2016 rule with a tweet concerned the judge, who wrote on Tuesday, “A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes.”

Josh Block, a staff attorney representing troops in the case of Stone v. Trump, told BuzzFeed News the judge was referring to legal terms about the decision being arbitrary and shocking. “What is so extraordinary about this situation is that you had a detailed, year-long review that was then, on the spur of the moment, negated by a tweet out of nowhere that shocked Trump’s own generals,” he said.

“It’s not the judge that connected this to Twitter,” Block added. “It was Trump who decided that this could be announced by a tweet.”

Podcast: Kevin Spacey Had A Very Bad Week; Federal Judge Blocks Trump’s Trans Military Ban

In this week’s podcast:

• Academy Award winner Kevin Spacey had a really, really bad week

• A federal judge has blocked Donald Trump’s ban on transgender service members in the U.S. military

• Don’t miss the marriage equality documentary, “The Freedom To Marry,” now on Netflix

• The first openly gay winner of “The Voice Australia” released his latest single, a marriage equality anthem as the mail-in same-sex marriage survey comes to a close

All that and more on this episode of The Randy Report

p.s. I want to thank all the folks who’ve hit “Play” on the podcast. I’m humbled by the support.

If you like the podcast, I’d appreciate it muchly if you would post a review on iTunes. Not for my ego, but it helps the podcast be found more easily on iTunes.

Federal Judge Blocks Trump Ban On Transgender Military Service Members

A federal judge has effectively blocked Donald Trump’s proposed ban on transgender service members in the military saying the ban was “driven by a desire to express disapproval of transgender people generally.”

From KCRA:

On July 26 Trump issued a statement via Twitter announcing that “the United States Government will not accept or allow transgender individuals to serve in any capacity in the U.S. Military.” A presidential memorandum later required the military to remove transgender service members by authorizing their discharge no later than March 23, 2018.

In a federal case, a judge said in an Oct. 30 opinion that the president’s directives are “not genuinely based on legitimate concerns regarding military effectiveness or budget constraints, but are instead driven by a desire to express disapproval of transgender people generally.

Before the Aug. 25 presidential memorandum, the Department of Defense had announced that openly transgender individuals would be allowed to enlist in the military, effective Jan. 1, 2018, and had prohibited the discharge of service members based solely on their gender identities, the court summarized.

Bolding is mine.

Trump’s original announcement about the ban on trans people came via Twitter this summer:

Congressional Democrats Ask For Proof Trump Consulted Generals On Trans Military Ban

Over 100 Democratic members of the U.S. House of Representatives have issued a letter to Defense Secretary James Mattis asking for proof that Donald Trump consulted the Pentagon before announcing his proposed ban on transgender service members in the U.S. military.

On July 26 of this year, Trump surprised the nation with an out-of-the-blue tweet which sought to ban trans service members.

At the time, he said he’d consulted with “my Generals and military experts.”

Since then, Trump has signed a memo halting any new enlistments by transgender people and eliminating funding for transition-related healthcare costs.

The memo also instructed Mattis to make a decision on transgender soldiers who are already in the military within the next six months.

Several military leaders spoke out against the ban.

To date, no one has identified themselves as having advised Trump in favor of the ban.

Joint Chiefs Chairman Gen. Joseph Dunford, the Pentagon’s top military official, recently told members of the Senate Armed Services Committee he advised the president to allow all qualified troops to serve.

Chairman Of Joint Chiefs Of Staff: Trans People Who Meet Physical/Mental Standards Should Be Allowed To Serve

General Joseph Dunford

You’ll recall that when Donald Trump announced the surprise news of his proposed ban on transgender folks serving in the U.S. military, it was “after consultation with my Generals and military experts.”

But it appears that may not be quite accurate.

The Chairman of the Joint Chiefs of Staff, General Joseph Dunford, recently appeared before the Senate Armed Services Committee and was asked whether transgender service members should be allowed to serve by New York Sen. Kirsten Gillibrand.

Via Pink News:

General Dunford replied: “I would say that I believe that any individual who meets the physical and mental standards and is worldwide deployable and is currently serving should be afforded the opportunity to continue to serve.”

Asked to give assurances to transgender troops, he said: “I can promise that that will be my advice. What I just articulated is the advice I provided in private, and I’ve just provided in public.”

Senator Gillibrand also asked Dunford if he had met with transgender troops to address their concerns about the potential new policy.

He said: “I have not since August when the announcement was made, but I will certainly do that, Senator.”

The Chairman of the Joint Chiefs of Staff is the highest-ranking military officer in the United States Armed Forces.

My Favorite Thing Of The Week: Trans Military Couple Logan & Laila Ireland On ELLEN

Ok, this is my favorite thing this week.

Ellen DeGeneres sat down with transgender military couple Logan & Laila Ireland to share their personal journeys of working in the military as well as their concerns about an uncertain future thanks to Donald Trump’s proposed ban on transgender military service members.

Logan is particularly moving telling Ellen that “It feels really disheartening for our president to not have our back when I would give my life for him.”

Watch below. Terrific segment. Donald Trump should see this.

Outserve-SLDN On Trump Trans Ban: “What The President Has Begun With A Tweet We Will End In Court”

Peter Perkowski, legal director for OutServe-SLDN, pens a thoughtful, fact-based op-ed for The Advocate explaining the reasons why Donald Trump’s proposed ban on transgender military servicemembers has no rational basis.

As you may know, back in July Trump tweeted, “Please be advised that United States Government will not accept or allow transgender individuals to serve in any capacity in the U.S. Military.”

Perkowski knocks down Trump’s justifications with sane and deliberate consideration.

Here’s an excerpt:

The president now wishes to discard a workable, nondiscriminatory policy in favor of a factually and legally indefensible one that violates basic civil rights.

The president’s justifications? Baseless. One of them, readiness and unit cohesion, is contradicted by the Pentagon’s own studies. In fact, Adm. Michael Mullen, the former chairman of the Joint Chiefs of Staff, has said that excluding trans people undermines readiness — the opposite of what the president claims.

Another justification was “tremendous medical costs,” but we know this too is untrue. The Pentagon considered the cost associated with providing medical care to trans service members. Including gender-affirming surgery (if desired), such costs ranged between $2.4 and $8.4 million per year. At the high end of these estimates, the cost is still less than one one-thousandth of one percent of the proposed defense budget for fiscal year 2018. By contrast, the military spends $84 million — or 10 times as much — on medication for erectile dysfunction, something hardly essential to the national defense.

Medical care offered to transgender service members is also qualitatively indistinguishable from the care provided to cisgender troops. The surgeon general of the Navy, C. Forrest Faison III, told the Navy Times in December that most of the medical care for trans service members is offered to cisgender men with low testosterone or cisgender women needing hormone replacement due to menopause.