"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 United States secretary of defense (SecDef) is the head of the United States Department of Defense, the executive department of the U.S. Armed Forces, and is a high-ranking member of the federal cabinet. The secretary of defense's position of command and authority over the military is second only to that of the president of the United States, who is the commander-in-chief. This position corresponds to what is generally known as a defense minister in many other countries. The secretary of defense is appointed by the president with the advice and consent of the Senate, and is by custom a member of the Cabinet and by law a member of the National Security Council.
The secretary of the Navy (SECNAV) is a statutory officer and the head of the Department of the Navy, a military department within the United States Department of Defense.
In the United States, public opinion and jurisprudence on lesbian, gay, bisexual, and transgender (LGBT) rights have developed significantly since the late 1980s. 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, which 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. LGBT-related anti-discrimination laws regarding housing and private and public services varies by state. Twenty-three states plus Washington, D.C., Guam, and Puerto Rico outlaw discrimination based on sexual orientation, and twenty-two states plus Washington, D.C., outlaw discrimination based on gender identity or expression. Family law also varies by state. Adoption of children by same-sex married couples is legal nationwide since Obergefell v. Hodges.
The United States Department of Defense is an executive branch department of the federal government of the United States charged with coordinating and supervising all agencies and functions of the U.S. government directly related to national security and the United States Armed Forces. As of June 2022, the U.S. Department of Defense is the largest employer in the world, with over 1.34 million active-duty service members, including soldiers, marines, sailors, airmen, and guardians. The Department of Defense also maintains over 778,000 National Guard and reservists, and over 747,000 civilians bringing the total to over 2.87 million employees. Headquartered at the Pentagon in Arlington County, Virginia, just outside Washington, D.C., the Department of Defense's stated mission is to provide "the military forces needed to deter war and ensure our nation's security".
Michael D. Lumpkin is a former American Naval Officer and businessman who served as the Special Envoy and Coordinator of the Global Engagement Center at the U.S. Department of State from January 2016 to January 2017. From 2013 until 2016, he was the Assistant Secretary of Defense for Special Operations and Low-Intensity Conflict. During that time, he also served as the acting Under Secretary of Defense for Policy, the third-highest civilian job at the United States Department of Defense.
Robert Leon Wilkie Jr. is an American lawyer and government official who served as the United States Secretary of Veterans Affairs from 2018 to 2021, during the Trump administration. He was previously Under Secretary of Defense for Personnel and Readiness during the Trump administration, from November 2017 to July 2018. A Naval intelligence officer in the Reserve, he was Assistant Secretary of Defense for Legislative Affairs in the administration of President George W. Bush.
Brenda S. "Sue" Fulton is a former American government official and former military officer who has served as the assistant secretary of veterans affairs for public and intergovernmental affairs in the United States Department of Veterans Affairs. She commissioned in the United States Army as a signal officer, serving as both a platoon leader and company commander in Germany before receiving an honorable discharge at the rank of captain.
John F. Kirby is a retired United States Navy rear admiral serving as White House National Security Communications Advisor since 2024. He previously served in the Biden administration as Pentagon Press Secretary and Assistant to the Secretary of Defense for Public Affairs from 2021 to 2022 and as Coordinator for Strategic Communications at the National Security Council in the White House from 2022 to 2024. He worked as a military and diplomatic analyst for CNN from 2017 to 2021. He served in the Obama administration as Pentagon Press Secretary from 2013 to 2015 and as the spokesperson for the United States Department of State and Assistant Secretary of State for Public Affairs from 2015 to 2017.
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, 22 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. Additionally, South Africa may allow transgender service, though it is currently unclear.
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 Armed Forces have 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:
The Presidential Memorandum on Military Service by Transgender Individuals, officially the Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security, is the 27th presidential memorandum signed by U.S. President Donald Trump on August 25, 2017. The intent was to prevent transgender people from serving in the U.S. military, on the basis that they would be a financial burden due to sex reassignment procedures and associated costs. Federal courts delayed the implementation of this rule by issuing four injunctions. On January 22, 2019, however, the U.S. Supreme Court allowed the Trump administration's ban to take effect.
Anthony Michael Kurta is a retired United States Navy Rear Admiral and government official. Having served as the Acting Under Secretary of Defense for Personnel and Readiness for most of 2017, he was President Donald Trump's nominee to become Principal Deputy Under Secretary of Defense for Personnel and Readiness. Kurta previously served as Deputy Assistant Secretary of Defense for Military Personnel Policy and Director of Navy Flag Officer Management and Development.
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.
Jane Doe v. Trump (1:17-cv-01597-CKK) was a lawsuit filed on August 9, 2017, and decided January 4, 2019 in the United States District Court for the District of Columbia. The suit sought to block Donald Trump and top Pentagon officials from implementing the proposed ban on military service for transgender people under the auspices of the equal protection and due process clauses of the Fifth Amendment. The court ruled that the Trump administration's policy should not be blocked. Nonetheless, the Trump administration's policy continued to be blocked due to three preliminary injunctions against it that were not part of this lawsuit and which remained in effect as of the lawsuit's conclusion on January 4, 2019.
The Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals is the 43rd presidential memorandum signed by U.S. President Donald Trump on March 23, 2018.
Maura Sullivan is an American politician, veteran and former government official. Sullivan previously served as an official in the Obama administration from 2014 to 2016 in both the Veterans Administration and the U.S. Department of Defense. She also served on the American Battle Monuments Commission starting in 2010, and began her career as an officer in the United States Marine Corps serving in the Iraq War after the September 11 attacks.
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.
Dennis Vincent McGinn is a former American government official and retired United States Navy admiral. He served as Assistant Secretary of the Navy for Energy, Installations and Environment in the Obama administration from 2013 to 2017. A career naval aviator, McGinn was an officer in the United States Navy for 35 years, retiring as a vice admiral.
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