The Human Rights Campaign, the nation’s largest LGBT civil rights organization, accused the Trump administration of pushing “anti-transgender prejudices onto the military.”
“There is simply no way to spin it, the Trump-Pence Administration is going all in on its discriminatory, unconstitutional and despicable ban on transgender troops,” said HRC President Chad Griffin.
Navy Lt. Cmdr. Blake Dremann, president of Service members, Partners and Allies for Respect and Tolerance for All, or SPART*A, accused the administration of announcing the move on Friday in order to “hide what they’re doing.” And he said the policy’s implications for transgender members of the armed forces weren’t entirely clear: “There’s still some interpretation to be had there.”
“We will continue to serve at the standard required by the military until we are told otherwise,” Dremann said. “Transgender service members are currently deployed all over the world, and there’s been no demonstrable impact on readiness.”
Trump received recommendations from Defense Secretary Jim Mattis in February for dealing with transgender individuals serving in the military. The White House said Mattis and Homeland Security Secretary Kirstjen Nielsen agreed with the policy.
In Mattis’s Feb. 22 memo to Trump explaining his recommendation, which the Pentagon made public late Friday night, he cited exceptions to the ban.
“Currently serving service members who have been diagnosed with gender dysphoria since the previous administration’s policy took effect and prior to the effective date of this new policy, may continue to serve in their preferred gender and receive medically necessary treatment for gender dysphoria,” Mattis wrote.
Earlier Friday, Maj. David Eastburn, a Pentagon spokesman, said the announcement of a new policy would have no immediate practical effect on the military because the Pentagon is obliged to continue to recruit and retain transgender people in accordance with current law.
The issue has become mired in a complicated string of political statements, court decisions and policy reviews since Trump first stunned his administration with his tweets last July. t’s unclear how much impact the court decisions will have on Trump’s decision.
The Justice Department issued a statement Friday saying it will continue to defend the Pentagon’s “lawful authority to create and implement personnel policies they have determined are necessary to best defend our nation. Consistent with this new policy, we are asking the courts to lift all related preliminary injunctions.”
Activist groups had worried the administration could enact such strict enlistment and health care restrictions that it would become all but impossible for transgender troops to join or continue serving.
Under guidelines presented in December, the Pentagon could disqualify potential recruits with gender dysphoria, those with a history of medical treatments associated with gender transition and those who underwent reconstruction. Such recruits could be allowed in if a medical provider certified 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.
Transgender individuals receiving hormone therapy must be stable on their medication for 18 months.
The requirements make it challenging for a transgender recruit to pass. But they mirror conditions laid out by President Barack Obama’s administration in 2016, when the Pentagon initially lifted its ban on transgender troops serving openly in the military.