About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

1 1 (August 30, 2017)

handle is hein.crs/govciup0001 and id is 1 raw text is: 





   ICong ressin, l


              Rese rch Sevice





Transgender Servicemembers: Policy Shifts

and Considerations for Congress



Updated August 30, 2017
A series of'l-vitter posts on July 26, 2017, by President Donald J. Trump indicated a planned shift in
Department of Defense (DOD) policy on service in the Armed Forces by transgender individuals. A
Presidential Memorandum to the Secretaries of Defense and the Homeland Security (as parent agency to
the U.S. Coast Guard) followed on August 25, 2017, outlining the new policy parameters with respect to
uniformed DOD and Coast Guard personnel.


Background: Policy Evolution

Prior to 2016, DOD policy treated the physical and psychological aspects of transgender conditions as (1)
grounds for the discharge of existing servicemembers, and (2) a disqualifying condition for new
accessions through enlistment or commissioning. On June 30, 2016, then-Secretary of Defense Ashton
Carter announced that transgender Americans may serve openly, and they can no longer be discharged or
otherwise separated from the military just for being transgender.
DOD's concomitant policy issuance (DODI 1300.28), effective October 1, 2016,
    *  established a construct by which transgender servicemembers may transition gender
       while serving,
    *  enumerated prerequisites and prescribed procedures for changing a servicemember's
       gender marker (male or female), and
    *  specified medical treatment provisions for Active Component (AC) and Reserve
       Component (RC) transgender servicemembers.
Then-Secretary Carter also announced plans to begin to admit transgender recruits by July 1, 2017, stating
the gender identity of an otherwise qualified individual will not bar them from joining the military.
However, on June 30, 2017, Secretary of Defense James Mattis announced in a memorandum that DOD
would postpone the announced accession policy change for six months to further study the issue.


Revised Policy: August 2017

President Trump's directive to the Secretary of Defense would revert policy to the pre-2016 consideration
of transgender conditions as grounds for discharge (effective January 1, 2018) and would indefinitely
continue the policy prohibiting transgender individuals from joining the Armed Forces. The President also
directed a halt to all DOD or DHS spending (effective March 23, 2018) on sex reassignment surgeries

CRS INSIGHT
Prepared for Members and
cornnittees  o4 Congress  ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most