Advocates hopeful the longstanding ban could be lifted after recent comments from top officials
The new Secretary of Defense may be ushering in a new era of openness in the American military. Recent remarks made by Ashton Carter and the White House have raised the hopes of advocates that the nation’s ban on openly transgender soldiers may be starting to crack.
Carter publicly reignited the issue Sunday during a town hall meeting with soldiers in Afghanistan. Asked about changing the longstanding policy, Carter replied: “I’m very open-minded about [it] provided they can do what we need them to do for us. That’s the important criteria. Are they going to be excellent service members? And I don’t think anything but their suitability for service should preclude them.”
On Monday, The White House sounded a note of support. “The President agrees with the sentiment that all Americans who are qualified to serve should be able to serve,” White House Press Secretary Josh Earnest said when he was asked about Carter’s response. “We here at the White House welcome the comments from the Secretary of Defense.”
To critics of the ban, the prominent backing is a sign that the military may finally be ready to scrap one of its last gender-based prohibitions. But experts caution that the likelihood of an actual policy shift remains uncertain.
“I’m hopeful that this means that the regulations will be brought into line,” says Joshua Block, an attorney with the ACLU’s Lesbian, Gay, Bisexual, Transgender & AIDS Project. “But the ball is squarely in DOD’s court to move forward with this.”
Transgender people are prevented from serving under Pentagon and military medical regulations barring people who have had a sex change operation and/or have “gender identity disorders.” Advocates for transgender service say these policies, which date to the early 1960s, are out of touch with the current medical thinking. The latest edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM-5), the American Psychiatric Association’s diagnostic bible, replaced “gender identity disorder” with gender dysphoria, a recognition that transgender people do not suffer from a mental illness.
Indeed, though the army does not provide hormone therapy to transgender soldiers, it approved the treatment for Chelsea Manning, the former army private convicted of leaking national security secrets, after she sued the federal government for failing to provide the treatments.
There are no official statistics on the number of transgender people in the military. A 2014 report from the Palm Center, a research institute that aids sexual minorities in the military, estimated that there as many as 15,000 transgender troops currently serving.
As a practical matter, the transgender service policy would be relatively easy to change. It does not require an act of Congress or an executive order by the President, but could be changed by the Secretary of Defense. Experts said this process should follow a formal review soliciting military, medical and scientific expertise that could take a few months, and a requisite training period to follow.
Pentagon spokesman Nathan Christensen said “there is no specific review of the Department’s transgender policy ongoing.” But Christensen said officials did begin a routine review of the Department of Defense’s medical policy earlier this month that will cover 26 systems of the human body, which would include—but is not specific to—the policy on transgender service. The review is expected to take up to 18 months.
This is not the first time the Obama Administration has expressed openness to changing the policy. In May of 2014, Carter’s predecessor, former Defense Secretary Chuck Hagel, told ABC News that he was “open” to a change in the policy. To advocates of ending the ban, the lack of concrete action following Hagel’s remark is a reminder to keep their hopes in check.
“It’s significant that this is the very first time that Secretary Carter has spoken publicly on this issue, it’s significant that it was five days after he was sworn in, it’s significant that the question came from the field from an actively serving naval officer. It’s especially significant to have the White House chime in so enthusiastically,” says Allyson Robinson, a veteran and advocate for transgender service. “But I don’t have a lot of faith in the regular routine review process. We need a top-down intentional review of these particular regulations at the DOD and service level and the only way that happens is from an order from the Secretary of Defense.”