Sexual orientation and gender identity in the United States military

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U.S. Sailors gather for cake during a Lesbian, Gay, Bisexual and Transgender Pride Month observance aboard the amphibious assault ship USS Tripoli (LHA-7) June 22, 2021, in the Pacific Ocean. USS Tripoli (LHA 7) holds a Pride Month observance.jpg
U.S. Sailors gather for cake during a Lesbian, Gay, Bisexual and Transgender Pride Month observance aboard the amphibious assault ship USS Tripoli (LHA-7) June 22, 2021, in the Pacific Ocean.
The Department of Defense LGBT Pride Month event celebration cake. The celebration was held on the Pentagon Courtyard, June 8th, 2016. 2016 Department of Defense LGBT Pride Month Event 160608-D-FW736-002.jpg
The Department of Defense LGBT Pride Month event celebration cake. The celebration was held on the Pentagon Courtyard, June 8th, 2016.

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 2010sexual 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 [a] people and acceptance towards them.

Contents

According to a 2015 report from the RAND Corporation, a survey of over 16,000 service members found that 6.1% of the respondents identified as being LGBT, with 4.2% of males and 16.6% of females making up this statistic. [1] When sexual orientation and gender identity are separated, 5.8% were lesbian, gay or bisexual, and 0.6% were transgender (0.3% of transgender respondents also identified as lesbian, gay or bisexual). [1]

In June 2024, US President Joe Biden signed a "pardon proclamation" - that formally effected thousands of military veterans with historical gay sex criminal records. [2] [3] [4]

By demographics

Non-heterosexuals

Until 1993, military policy strictly forbid non-heterosexuals from serving in the military. From 1993, the military used its "Don't ask, don't tell" policy, which only restricted non-heterosexuals from serving if they were open about their sexual orientation. [5] This led to a number[ quantify ] of active investigations into members of the services to determine their sexuality and saw several court challenges over privacy rights. The "Don't ask, don't tell" policy was repealed in September 2011, allowing homosexuals and bisexuals to serve openly in the armed forces. [5] Marriage and partner benefits remained in question until after the Supreme Court ruled in United States v. Windsor (2013) that the military must offer similar benefits to these relationships as they do to heterosexual ones. [6] Since 2013, the military gives fully equal treatment legally to their partners and families.

Transgender people

From the creation of the United States military to 1960, there was no ban on transgender people from serving or enlisting the United States military. From 1960 to June 30, 2016, there was a blanket ban on all transgender people from serving and enlisting in the United States military; this ended on January 1, 2018, when transgender individuals in the United States military were allowed to serve in their identified or assigned gender upon completing transition.

From January 1, 2018, to April 11, 2019, transgender individuals could enlist in the United States military under the condition of being stable for 18 months in their identified or assigned gender. Under the 2020 version of DoD Instruction, 1300.28, [7] transgender personnel in the United States military could only serve in their original sex assignment, unless they had been grandfathered in prior to April 12, 2019, or were given a waiver. This Memorandum, originally scheduled to expire on March 12, 2020, was extended until September 12, 2020. [8] [9] Before the Memorandum expired, it was replaced by a reissued version of DoD Instruction 1300.28, entitled "Military Service by Transgender Persons and Persons with Gender Dysphoria", which took effect on September 4, 2020.

On January 25, 2021, U.S. President Joe Biden issued an executive order to revoke the bans on transgender individuals. Despite not requiring the U.S. Department of Homeland Security and U.S. Department of Defense to immediately issue orders completely lifting the transgender bans, such orders were required after both the U.S. Secretary of Defense and the U.S. Secretary of Homeland Security held consultation with the Joint Chiefs of Staff. [10]

Intersex persons

The accepting of intersex people in the United States Armed Forces seems to vary depending on the nature of the condition for individual people. [11] Publications by the United States National Center for Biotechnology Information recommends that intersex individuals be allowed to serve in the armed forces, but not combat units. [12] The Veterans Health Administration distinguishes between surgeries for transgender individuals and intersex persons. In 2015 this allowed intersex persons to receive medically necessary treatment that was prohibited for trans people at the time. [13] [14] The Civil Air Patrol and Coast Guard Auxiliary accept all intersex persons. [15]

Cross-dressers

In 2012 transvestism was included in a list of conditions which disqualified individuals for service under the Department of Defense Instruction 6130.03. [16] The ban dates back to 1961. [17] The repeal of Don't ask, don't tell did not allow cross-dressers to serve openly in the armed forces. [18] [19] Since cross-dressing is sometimes conflated with attempts by transgender people to transition, there have been instances of people being discharged for cross-dressing or rejected from service altogether when trying to enlist due to past cross-dressing. [20] [21] As of 2021, transvestism is still grounds for discharge, or denial of service in the US Military. [22]

By service

Air Force

U.S. Air Force airmen run through the starting line of the Pride Month color run at Altus Air Force Base, Oklahoma, June 2022. U.S. Air Force Airmen Color Run Pride Month 2022.jpg
U.S. Air Force airmen run through the starting line of the Pride Month color run at Altus Air Force Base, Oklahoma, June 2022.

In 2013 it was revealed that Mike Rosebush, who then oversaw the "Character and Leadership" coaching program of the Air Force Academy, had previously worked as an ex-gay therapist, and as the vice president of the ex-gay-therapy-supporting Focus on the Family Institute. [23]

Army

In 2016 Eric Fanning became the 22nd Secretary of the Army, making him the first openly gay head of any service in the U.S. military. [24] [25]

Coast Guard

In 1994, the United States Coast Guard issued a memo by Commandant Thomas Fisher public which barred anti-gay discrimination against the service's civilian employees while uniformed personnel were still subject to discharge under "don't ask, don't tell". [26] [27] [28] [29] [30]

Marine Corps

In 2013 the U.S. Marines announced that clubs conducting business on base must admit same-sex spouses. [31]

The Newport sex scandal arose from a 1919 investigation by the United States Navy into homosexual acts by Navy personnel and civilians in Newport, Rhode Island. [32] The investigation was noted for its controversial methods of intelligence gathering, specifically its use of enlisted personnel to investigate alleged homosexuals by engaging them sexually. A subsequent military trial ended with the court-martial of 17 sailors charged with sodomy and "scandalous conduct." [32] Most were sent to the naval prison at the Portsmouth Naval Shipyard in Maine. Two more were dishonorably discharged and two others were found innocent with no further action. There was national news coverage of the scandal and a congressional investigation, which concluded with Secretary of the Navy Josephus Daniels and Assistant Secretary of the Navy (and future United States president) Franklin D. Roosevelt being formally rebuked by a Congressional committee.

The USNS Harvey Milk was officially named at a ceremony in San Francisco on 16 August 2016. [33] It is the first U.S. Navy ship named for an openly gay leader (Harvey Milk, who served as a diving officer in the Navy from 1951 to 1955.) [34] [35]

In 2023, the Military Religious Freedom Foundation shared a video of Secretary of the Navy Carlos Del Toro making homophobic comments during a townhall meeting. When asked about combating homophobia in the Navy, Del Toro promoted homosexuality as being a "choice". A Navy official later responded that Del Toro meant to say that a person making the decision to reveal their sexuality by coming out is a choice. [36]

Healthcare

HIV military policy

In August 2024, a federal Virginia judge immediately ordered that HIV-positive individuals "with an undetectable viral load" and also who are "fit and healthy" must be allowed, permitted and included within the US Military - regardless of being retained or wanting to join. Official policy for many decades by the Pentagon within Washington D.C. HIV-positive individuals are explicitly banned from the US Military outright. [37] [38] [39]

Memorials for Queer veterans

In 2000, a memorial to all veterans and to Queer veterans was dedicated in the national veterans cemetery in Phoenix, Arizona. [40] In 2001, the first American memorial specifically honoring LGBT veterans was dedicated in Desert Memorial Park, Cathedral City, California. [40] In 2014, the third LGBT Veterans Memorial was dedicated at the New Mexico Veterans Memorial Park in Albuquerque, New Mexico by the Bataan chapter of the American Veterans for Equal Rights. [41] In May 2015, the first American federally-approved monument honoring LGBT veterans with the message "Gay, lesbian, bisexual and transgender people have served honorably and admirably in America's armed forces" was dedicated at the Abraham Lincoln National Cemetery near Chicago; [42] the US$18,000 monument was dedicated by the Chicago Chapter of American Veterans for Equal Rights, and was defaced by vandals in June 2017. [43] [44]

See also

Notes

  1. For the existence and experiences of transgender people in the US military, see Transgender personnel in the United States military

Related Research Articles

<span class="mw-page-title-main">Don't ask, don't tell</span> 1994–2011 policy on LGBT in the US military

"Don't ask, don't tell" (DADT) was the official United States policy on military service of non-heterosexual people. Instituted during the Clinton administration, the policy was issued under Department of Defense Directive 1304.26 on December 21, 1993, and was in effect from February 28, 1994, until September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, lesbian, or bisexual persons from military service. This relaxation of legal restrictions on service by gays and lesbians in the armed forces was mandated by Public Law 103–160, which was signed November 30, 1993. The policy prohibited people who "demonstrate a propensity or intent to engage in homosexual acts" from serving in the armed forces of the United States, because their presence "would create an unacceptable risk to the high standards of morale, good order and discipline, and unit cohesion that are the essence of military capability".

The following outline is provided as an overview of and topical guide to transgender topics.

Lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel are able to serve in the armed forces of some countries around the world: the vast majority of industrialized, Western countries including some South American countries, such as Argentina, Brazil and Chile in addition to other countries, such as the United States, Canada, Japan, Australia, Mexico, France, Finland, Denmark and Israel. The rights concerning intersex people are more vague.

<span class="mw-page-title-main">LGBTQ rights in the United States</span>

The rights of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people in the United States are among the most advanced in the world, with public opinion and jurisprudence changing significantly since the late 1980s.

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.

<span class="mw-page-title-main">LGBTQ rights in New York</span>

The U.S. state of New York has generally been seen as socially liberal in regard to lesbian, gay, bisexual, and transgender (LGBTQ) rights. LGBT travel guide Queer in the World states, "The fabulosity of Gay New York is unrivaled on Earth, and queer culture seeps into every corner of its five boroughs". The advocacy movement for LGBT rights in the state has been dated as far back as 1969 during the Stonewall riots in New York City. Same-sex sexual activity between consenting adults has been legal since the New York v. Onofre case in 1980. Same-sex marriage has been legal statewide since 2011, with some cities recognizing domestic partnerships between same-sex couples since 1998. Discrimination protections in credit, housing, employment, education, and public accommodation have explicitly included sexual orientation since 2003 and gender identity or expression since 2019. Transgender people in the state legally do not have to undergo sex reassignment surgery to change their sex or gender on official documents since 2014. In addition, both conversion therapy on minors and the gay and trans panic defense have been banned since 2019. Since 2021, commercial surrogacy has been legally available within New York State. In 2024, the Constitution of New York was amended to explicitly ban discrimination on the basis of gender identity and sexual orientation.

<span class="mw-page-title-main">Sexual orientation and the military of the United Kingdom</span>

Gay and lesbian citizens have been allowed to serve openly in His Majesty's Armed Forces since 2000. The United Kingdom's policy is to allow lesbian, gay, bisexual, transgender, and queer (LGBTQ) personnel to serve openly, and discrimination on a sexual orientation basis is forbidden. It is also forbidden for someone to pressure LGBT people to come out. All personnel are subject to the same rules against sexual harassment, regardless of gender or sexual orientation.

<span class="mw-page-title-main">Sexual orientation and gender identity in the Australian military</span>

Sexual orientation and gender identity in the Australian military are not considered disqualifying matters in the 21st century, with the Australian Defence Force (ADF) allowing LGBT people to serve openly and access the same entitlements as other personnel. The ban on gay and lesbian personnel was lifted by the Keating government in 1992, with a 2000 study finding no discernible negative impacts on troop morale. In 2009, the First Rudd government introduced equal entitlements to military retirement pensions and superannuation for the domestic partners of LGBTI personnel. Since 2010, transgender personnel may serve openly and may undergo gender transition with ADF support while continuing their military service. LGBTI personnel are also supported by the charity DEFGLIS, the Defence Force Lesbian Gay Bisexual Transgender and Intersex Information Service.

The United States Veterans Health Administration (VHA) has an LGBTQ+ Program through the Office of Patient Care Services. The “+” sign captures identities beyond LGBTQ, including but not limited to questioning, pansexual, asexual, agender, gender diverse, nonbinary, gender-neutral, and other identities. VHA began collecting data on veteran’s sexual orientation and gender identity in 2022 to inform policy and improve clinical care. There are estimated to be more than one million LGBTQ+ Americans who are military veterans. If LGBTQ+ veterans use VHA at the same rate as non-LGBTQ+ veterans, there could be more than 250,000 LGBTQ+ veterans served by VHA. Using diagnostic codes in medical record data, Blosnich and colleagues found that the prevalence of transgender veterans in VHA (22.9/100,000) is five times higher than reported prevalence of transgender-related diagnoses in the general population (4.3/100,000). Brown and Jones identified 5,135 transgender veterans receiving care in VHA using a broader set of diagnostic codes. Brown also notes that this methodology fails to identify transgender veterans who have not disclosed their gender identity to providers, those who don’t meet criteria for a diagnosis, or veterans who get their transition-related care outside of the VHA.

<span class="mw-page-title-main">Outline of LGBTQ topics</span>

The following outline offers an overview and guide to LGBTQ topics:

<span class="mw-page-title-main">Transgender people and military service</span>

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 2022, more than 30 countries allow transgender military personnel to serve openly, such as Argentina, Australia, Austria, Belgium, Bolivia, Brazil, Canada, Chile, Czechia, Denmark, Estonia, Finland, France, Germany, Greece, Ireland, Israel, Japan, Mexico, the Netherlands, New Zealand, Norway, Spain, Sweden, Switzerland, Ukraine and the United States. Cuba and Thailand reportedly allowed transgender service in a limited capacity.

<span class="mw-page-title-main">Intersex and LGBT</span> Relationship between different sex and gender minorities

Intersex people are born with sex characteristics that "do not fit the typical definitions for male or female bodies". They are substantially more likely to identify as lesbian, gay, bisexual, or transgender (LGBT) than endosex people. According to a study done in Australia of Australian citizens with intersex conditions, participants labeled 'heterosexual' as the most popular single label with the rest being scattered among various other labels. According to another study, an estimated 8.5% to 20% experiencing gender dysphoria. Although many intersex people are heterosexual and cisgender, and not all of them identify as LGBTQ+, this overlap and "shared experiences of harm arising from dominant societal sex and gender norms" has led to intersex people often being included under the LGBT umbrella, with the acronym sometimes expanded to LGBTI. Some intersex activists and organisations have criticised this inclusion as distracting from intersex-specific issues such as involuntary medical interventions.

The legal and regulatory history of transgender and transsexual people in the United States begins in the 1960s. Such legislation covers federal, state, municipal, and local levels, as well as military justice. It reflects broader societal attitudes which have shifted significantly over time and have impacted legislative and judicial outcomes.

<span class="mw-page-title-main">Transgender personnel in the United States military</span>

Transgender people have served or sought to serve in the United States military. The subject began to engender some political controversy starting with transgender service members 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:

<span class="mw-page-title-main">Intersex people and military service</span> Minority in military service

Military service of intersex people varies greatly by country. Some armed forces such as the Australian Defence Force fully embrace intersex people in the modern era, while others such as the United States Armed Forces have vague rules or policies or treat the subject on a case by case basis.

<span class="mw-page-title-main">Intersex people in the United States military</span>

The regulations regarding the service of intersex people in the United States Armed Forces are vague and inconsistent due to the wide range of human 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 Israeli military consists of the Israel Defense Forces and the Israel Border Police, both of which engage in combat to further the nation's goals. Israel's military is one of the most accommodating in the world for LGBT individuals. The country allows homosexual, bisexual, and any other non-heterosexual men and women to participate openly, without policy-based discrimination. Transgender men and women can serve under their identified gender and receive gender affirming surgery. No official military policy prevents intersex individuals from serving, though they may be rejected based on medical concerns.

This overview shows the regulations regarding military service of non-heterosexuals around the world.

<span class="mw-page-title-main">Department of Defense Instruction 1300.28</span> U.S. memorandum limiting transgender service in the military

Directive-type Memorandum-19-004, "Military Service by Transgender Persons and Persons with Gender Dysphoria", was a memorandum issued by the United States Department of Defense (DoD) prohibiting most transgender individuals from serving or enlisting in the United States Armed Forces and the DoD. The DTM took effect on April 12, 2019, under the presidency of Donald Trump, signed by David Norquist. Originally scheduled to expire on March 12, 2020, it was extended until September 12, 2020. Before it expired, it was replaced by Department of Defense Instruction 1300.28, which took effect on September 4, 2020, signed by Matthew Donovan.

Bibliography of works on the United States military and LGBT+ topics is a list of non-fiction literary works on the subject of the United States Armed Forces and LGBT+ subjects. LGBT+ includes any types of people which may be considered "Queer"; in other words, homosexual people, bisexual people, transgender people, intersex people, androgynous people, cross-dressers, questioning people and others.

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