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The legal status of transgender people varies greatly around the world. Some countries have enacted laws protecting the rights of transgender individuals, but others have criminalized their gender identity or expression. In many cases, transgender individuals face discrimination in employment, housing, healthcare, and other areas of life.
Non-binary and genderqueer are umbrella terms for gender identities that are not solely male or female. Non-binary identities fall under the transgender umbrella, since non-binary people typically identify with a gender that is different from their assigned sex, though some non-binary people do not consider themselves transgender.
A trans man is a man who was assigned female at birth. The label of transgender man is not always interchangeable with that of transsexual man, although the two labels are often used in this way. Transgender is an umbrella term that includes different types of gender variant people. Trans men have a male gender identity, and many trans men choose to undergo surgical or hormonal transition, or both, to alter their appearance in a way that aligns with their gender identity or alleviates gender dysphoria.
Lesbian, gay, bisexual and transgender (LGBT) rights in the United States rank among the highest in the world, with public opinion and jurisprudence changing significantly since the late 1980s; by the early 2020s, an overwhelming majority of Americans approved of the legality of same-sex marriages. In 1961, beginning with Illinois, states began to decriminalize same-sex sexual activity, and in 2003, through Lawrence v. Texas, all remaining laws against same-sex sexual activity were invalidated. In 2004, beginning with Massachusetts, states began to offer same-sex marriage, and in 2015, through Obergefell v. Hodges, all states were required to offer it. In many states and municipalities, LGBT Americans are explicitly protected from discrimination in employment, housing, and access to public accommodations. Many LGBT rights in the United States have been established by the United States Supreme Court, invalidated state laws banning protected class recognition based upon homosexuality, struck down sodomy laws nationwide, struck down Section 3 of the Defense of Marriage Act, made same-sex marriage legal nationwide, and prohibited employment discrimination against gay and transgender employees. Public opinion is overwhelmingly supportive of same-sex marriage. A 2022 Grinnell College National Poll found that 74% of Americans agree that same-sex marriage should be a guaranteed right while 13% disagree. According to General Social Survey, support among 18-34 year olds is near-universal.
A transgender person is someone whose gender identity or gender expression does not correspond with their sex assigned at birth. Many experience gender dysphoria, which they seek to alleviate through transitioning, often adopting a different name and set of pronouns in the process. They may undergo sex reassignment therapies such as hormone therapy and various gender-affirming surgeries to more closely align their primary and secondary sex characteristics with their gender identity. Not all transgender people desire these treatments and others may be unable to access them for financial or medical reasons. Those who do desire to medically transition to another sex may identify as transsexual.
The transgender rights movement is a movement to promote the legal status of transgender people and to eliminate discrimination and violence against transgender people regarding housing, employment, public accommodations, education, and health care. A major goal of transgender activism is to allow changes to identification documents to conform with a person's current gender identity without the need for sex reassignment surgery or any medical requirements, which is known as gender self-identification. It is part of the broader LGBT rights movements.
The United States military formerly excluded gay men, bisexuals, and lesbians from service. In 1993, the United States Congress passed, and President Bill Clinton signed a law instituting the policy commonly referred to as "Don't ask, don't tell" (DADT) which allowed gay, lesbian, and bisexual people to serve as long as they did not reveal their sexual orientation. Although there were isolated instances in which service personnel were met with limited success through lawsuits, efforts to end the ban on openly gay, lesbian, and bisexual people serving either legislatively, or through the courts initially proved unsuccessful.
Miriam Ben-Shalom is an American educator, activist and former Staff Sergeant in the United States Army. After being discharged from the military for homosexuality in 1976, she successfully challenged her discharge in court and returned to military service in 1987—the first openly gay person to be reinstated after being discharged under the military's policy excluding homosexuals from military service. She served until 1990 when the Army succeeded in terminating her service after prolonged judicial proceedings.
This article addresses the history of transgender people in the United States from prior to western contact until the present. There are a few historical accounts of transgender people that have been present in the land now known as the United States at least since the early 1600s. Before Western contact, some Native American tribes had third gender people whose social roles varied from tribe to tribe. People dressing and living differently from the gender roles typical of their sex assigned at birth and contributing to various aspects of American history and culture have been documented from the 17th century to the present day. In the 20th and 21st centuries, advances in sex reassignment surgery as well as transgender activism have influenced transgender life and the popular perception of transgender people in the United States.
Transgender disenfranchisement is the prevention by bureaucratic, institutional and social barriers, of transgender individuals from voting or participating in other aspects of civic life. Transgender people may be disenfranchised if the sex indicated on their identification documents does not match their gender presentation, and they may be unable to update necessary identity documents because some governments require individuals to undergo sex reassignment surgery first, which many cannot afford, are not medical candidates for, or do not want.
Christopher Todd Beck is a retired United States Navy SEAL who gained public attention in 2013 after coming out as a trans woman, and in 2022, when he announced his detransition. During the time of his transition, he went by the name Kristin Beck. A memoir detailing his experience was published in June 2013, Warrior Princess: A U.S. Navy SEAL's Journey to Coming out Transgender. He served in the U.S. Navy for twenty years. In December 2022, Beck announced that he had detransitioned because "it ruined my life".
Not all armed forces have policies explicitly permitting LGBT personnel. Generally speaking, Western European militaries show a greater tendency toward inclusion of LGBT individuals. As of January 2021, 21 countries allow transgender military personnel to serve openly: Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Ireland, Israel, the Netherlands, New Zealand, Norway, Spain, Sweden, and the United Kingdom. Cuba and Thailand reportedly allowed transgender service in a limited capacity. In 1974, the Netherlands was the first country to allow transgender military personnel. The United States has allowed transgender personnel to serve in the military under varying conditions since President Joe Biden signed an executive order that allowed them to do so.
Nicole Amber Maines is an American actress and transgender rights activist. Prior to her acting career, she was the anonymous plaintiff in the Maine Supreme Judicial Court case Doe v. Regional School Unit 26, in which she argued her school district could not deny her access to the female bathroom for being transgender. The court ruled in 2014 that barring transgender students from the school bathroom consistent with their gender identity is unlawful, the first such ruling by a state court.
Monica F. Helms is an American transgender activist, author, and veteran of the United States Navy. She is the creator of the transgender flag.
Multiple countries legally recognize non-binary or third gender classifications. These classifications are typically based on a person's gender identity. In some countries, such classifications may only be available to intersex people, born with sex characteristics that "do not fit the typical definitions for male or female bodies."
This article addresses the legal and regulatory history of transgender and transsexual people in the United States including case law and governmental regulatory action affecting their legal status and privileges, at the federal, state, municipal, and local level, and including military justice as well.
The United States Military has a long history of transgender service personnel, dating back to at least the Civil War. Initially, most such service members were women, who disguised themselves as men in order to serve in combat roles. Many reverted to their female identities upon leaving their service, but others maintained their male identities. In more recent years, openly transgender people have served or sought to serve in the military. The subject began to engender some political controversy starting with transgender servicemembers being banned in 1960 and possibly earlier. This controversy came to a head in the 2010s and was subjected to relatively rapid changes for the next few years. As of 2021, transgender individuals are expressly permitted to serve openly as their identified gender. A brief timeline is as follows:
In the past most lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel had major restrictions placed on them in terms of service in the United States military. As of 2010 sexual orientation and gender identity in the United States military varies greatly as the United States Armed Forces have become increasingly openly diverse in the regards of LGBTQ people and acceptance towards them.
The regulations regarding the service of intersex people in the United States Armed Forces are vague and inconsistent due to the broad nature of humans with intersex conditions. The United States Armed Forces as a whole does not officially ban intersex people from service but does exclude many based on the form of their status. Policies regarding all intersex people are not addressed formally although depending on the type of sex variation some intersex people are allowed to serve. The United States military and their requirements for service makes it so they are frequently in a unique predicament when it comes to intersex bodies. With their position of needing to discern between male and female bodies, they are exposed to a broad variety of people, such as those who are intersex whose bodies may not match either classification and are more difficult to make decisions on. This ambiguity leads to confusion regarding military medical, behavioral, and legal laws.
The following is a timeline of transgender history. Transgender history dates back to the first recorded instances of transgender individuals in ancient civilizations. However, the word transgender did not exist until 1965 when coined by psychiatrist John F. Oliven of Columbia University in his 1965 reference work Sexual Hygiene and Pathology; the timeline includes events and personalities that may be viewed as transgender in the broadest sense, including third gender and other gender-variant behavior, including ancient or modern precursors from the historical record.
References
- 1 2 Haywood, Mari (27 May 2013). "The Pentagon Recognizes Transgender Service Member". GLAAD . Retrieved 12 July 2014.
- 1 2 "My Name Was Stephen". Pam's House Blend. 15 July 2012. Retrieved 12 July 2014.
- 1 2 3 4 5 6 7 "About Autumn". Pam's House Blend. Archived from the original on 15 November 2014. Retrieved 12 July 2014.
- 1 2 Sandeen, Autumn. "Autumn Sandeen". LinkedIn.
- 1 2 3 Grindley, Lucas (16 May 2013). "Trans Activists Highlight Military's Step Forward". The Advocate .
- 1 2 3 Sanders, Autumn (21 May 2013). "Changing My Recorded Gender With DOD". Pam's House Blend.
- ↑ Santeen, Autumn (16 May 2013). "Changing my documented gender with the Department of Defense". LGBT Weekly. Archived from the original on 25 July 2014. Retrieved 17 July 2014.
- 1 2 "Autumn Sandeen: Bio". The Transadvocate. 2014-02-20.
- ↑ Nichols, James (23 August 2013). "Autumn Sandeen, Transgender Veteran And Activist, Discusses Her Prison Experiences (VIDEO)". The Huffington Post .