Should the Military Ban Transgender Soldiers?

President Trump announced over the summer that he was banning transgender people from serving in the military. The move has sparked the latest battle over the rights of people who identify themselves as a different gender from the one they had at birth.

There have been a series of recent controversies over the rights of transgender people, especially regarding their right to use the bathroom of their choosing in public places. In 2016, the Supreme Court agreed to hear a case about whether a transgender boy had the right to use the boys’ bathroom at a high school in Virginia, but the justices changed course last spring and decided not to rule on the case. Most experts expect another case dealing with transgender rights to get to the Supreme Court sometime soon, but for now, transgender people remain in a state of legal uncertainty.

Here’s what you need to know about the transgender military ban.

President Trump announced over the summer that he was banning transgender people from serving in the military. The move has sparked the latest battle over the rights of people who identify themselves as a different gender from the one they had at birth.

There have been a series of recent controversies over transgender rights. Many of these conflicts have been about the right of transgender people to choose which bathroom they use in public places. In 2016, the Supreme Court agreed to hear a case involving a transgender boy. He wanted the right to use the boys’ bathroom at his high school in Virginia. But the justices changed course last spring and decided not to rule on the case. Most experts expect another case about transgender rights to get to the Supreme Court sometime soon. But for now, transgender people remain in a state of legal uncertainty.

Here’s what you need to know about the transgender military ban.    

When President Trump announced the ban in a July tweet, he said the military couldn’t afford the “tremendous medical costs and disruption” of allowing transgender people to serve. The idea that transgender soldiers would threaten military cohesion and readiness was the rationale for the long-standing ban on transgender military personnel, which President Barack Obama lifted in 2016.

Tony Perkins, president of the Family Research Council, praised Trump “for keeping his promise to return to military priorities—and not continue the social experimentation of the Obama era that has crippled our nation’s military.”

But others say the military shouldn’t be in the business of evaluating a person’s gender identity.

“Any American who wants to serve our country and is able to meet the standards should have the opportunity to do so—and should be treated as the patriots they are,” says Republican Senator John McCain of Arizona, a former Navy pilot.

President Trump announced the ban on Twitter in July. He tweeted that the military couldn’t afford the “tremendous medical costs and disruption” of allowing transgender people to serve. Some believe that transgender soldiers would threaten military cohesion and readiness. That idea led to a previous ban on transgender military personnel. President Barack Obama lifted that ban in 2016.

Tony Perkins, president of the Family Research Council, praised Trump “for keeping his promise to return to military priorities—and not continue the social experimentation of the Obama era that has crippled our nation’s military.”

But others say the military shouldn’t be in the business of evaluating a person’s gender identity.

“Any American who wants to serve our country and is able to meet the standards should have the opportunity to do so—and should be treated as the patriots they are,” says Republican Senator John McCain of Arizona, a former Navy pilot.

In a word, yes. The president, in his capacity as commander-in-chief, has a lot of latitude to direct policy at the Department of Defense. And it’s not the first time a president has made a huge—and controversial—change to the military’s makeup.

In 1948, at a time when racial segregation was still the norm in much of the nation, President Harry S. Truman issued an executive order desegregating the military. At the time, opponents said allowing blacks and whites to serve in integrated units would threaten troop cohesion, morale, and discipline. That turned out to be false, but it took another six years before the last segregated black unit was dissolved.   

Experts say a transgender ban could be overturned by the courts. In August, a gay-rights advocacy group filed a lawsuit against the ban in federal court on behalf of five transgender members of the Army, the Air Force, and the Coast Guard. That case is pending.

In a word, yes. The president is the commander-in-chief of the armed forces. That means that he has a lot of influence on policy at the Department of Defense. And it’s not the first time a president has made a huge—and controversial—change to the military’s makeup.

In 1948, President Harry S. Truman issued an executive order desegregating the military. At the time, racial segregation was still the norm in much of the nation. Opponents said allowing blacks and whites to serve in integrated units would threaten troop cohesion, morale, and discipline. That turned out to be false, but it took six more years for the military to end the last segregated black unit.  

Experts say the courts could overturn a transgender ban. In August, a gay-rights advocacy group filed a lawsuit against the ban in federal court. They acted on behalf of five transgender members of the Army, the Air Force, and the Coast Guard. That case is pending. 

Estimates range from 2,000 to 11,000 active-duty transgender service members, out of about 1.3 million military personnel, according to a 2016 study done for the Pentagon by the RAND Corporation, a think tank.

Transgender soldiers were saddened by the news of a new ban. “I’m just serving as a soldier just like anybody else,” says Rudy Akbarian, 26, an Army reservist who transitioned from female to male. “Everybody is hurt, everybody is scared.”

Still, many refused to criticize the president and expressed loyalty to the military.

“I love the Air Force,” says Staff Sgt. Ashlee Bruce, who is transitioning from male to female and says military commanders and peers have been supportive. “And I owe the Air Force a debt. I’m going to keep coming in to work every day and doing the best I can until they tell me don’t come to work anymore.”  

Estimates range from 2,000 to 11,000 active-duty transgender service members, out of about 1.3 million military personnel, according to a 2016 study done for the Pentagon by the RAND Corporation, a think tank.

Transgender soldiers were saddened by the news of a new ban. “I’m just serving as a soldier just like anybody else,” says Rudy Akbarian, a 26-year-old Army reservist who transitioned from female to male. “Everybody is hurt, everybody is scared.”

Still, many refused to criticize the president and expressed loyalty to the military.

“I love the Air Force,” says Staff Sgt. Ashlee Bruce, who is transitioning from male to female and says military commanders and peers have been supportive. “And I owe the Air Force a debt. I’m going to keep coming in to work every day and doing the best I can until they tell me don’t come to work anymore.”  

There are 18 other countries—including Australia, Canada, Israel, and the United Kingdom—that allow transgender people to serve openly in their militaries.   

The RAND Corporation report studied the experiences of those four countries. “Our review of the limited available research found no evidence . . . that allowing transgender personnel to serve openly has had any negative effect on operational effectiveness, cohesion, or readiness,” the report said.

The report cautioned, however, that those four militaries have fairly low numbers of openly serving transgender troops, and that the small number could be a factor in the minimal impact. The report also said that transgender people have experienced incidents of harassment and bullying during their military service.

Eighteen other countries allow transgender people to serve openly in their militaries.  

The RAND Corporation report studied the experiences of four of those countries—Australia, Canada, Israel, and the United Kingdom. “Our review of the limited available research found no evidence . . . that allowing transgender personnel to serve openly has had any negative effect on operational effectiveness, cohesion, or readiness,” the report said.

The report cautioned, however, that those four militaries have fairly low numbers of openly serving transgender troops, and that the small number could be a factor in the minimal impact. The report also said that transgender people have experienced incidents of harassment and bullying during their military service.   

That’s not entirely clear yet. At press time, the White House was planning to send the Defense Department guidelines on how to implement the ban. That directive will reportedly prohibit transgender people from enlisting in the military and would allow—but not require—the secretary of defense to force out currently serving transgender troops.  

Regardless of how the ban is implemented, many transgender soldiers could continue to serve by keeping their gender identities secret. Before the ban on gays in the military was lifted in 2011, many gays served while keeping their sexual orientation private under a policy known as “don’t ask, don’t tell.”

Until the Defense Department finalizes new guidelines, the military is in a holding pattern. “In the meantime,” General Joseph Dunford, chairman of the Joint Chiefs of Staff, wrote in a letter to the heads of the branches of the military, “we will continue to treat all of our personnel with respect.”

There’s been no action yet on implementing a ban, and it’s possible nothing will happen for a while. The day after Trump announced the ban, General Joseph Dunford, the chairman of the Joint Chiefs of Staff, said that the official policy on who’s allowed to serve in the military will remain unchanged until the White House sends the Defense Department a formal rules change and the secretary of defense issues new guidelines.

Even if the ban goes into effect, many transgender soldiers could continue to serve by keeping their gender identities secret. Before the ban on gays in the military was lifted in 2011, many gays served in secret. They kept their sexual orientation private under a policy known as “don’t ask, don’t tell.”

For now, the military is in a holding pattern.

“In the meantime,” General Dunford wrote in a letter to the heads of the branches of the military, “we will continue to treat all of our personnel with respect.”

With reporting by Dave Philipps of The New York Times.

With reporting by Dave Philipps of The New York Times.