[Excerpt] On July 13, 2015, Secretary of Defense Ashton Carter announced that DOD will review its policies on transgender service. As part of this announcement he issued two directives:   1. DOD will create a working group composed of military and civilian personnel to study the policy and readiness implications of allowing transgender persons to serve openly.  2. The decision authority for administrative discharges for those diagnosed with gender dysphoria or who identify themselves as transgender will be the Under Secretary of Defense for Personnel and Readiness

Kamarck, Kristy N

English

This report  discusses the Department of Defense's (DOD) policies regarding transgender service. Previously, Attorney General Eric Holder announced that the Department of Justice would take the position in litigation that the protection of Title VII of the Civil Rights Act extends to an individual's gender identity. Though Title VII does not apply to military personnel, for some, this change in the Administration's position has raised questions about U.S. law and DOD policies

Kamarck, Kristy N.

UNT Digital Library

CRS InsightsWhat are the Department of Defense (DOD) Policies on Transgender Service?Kristy N. Kamarck, Analyst in Military Manpower (kkamarck@crs.loc.gov, 7-7783)April 28, 2015 (IN10264)BackgroundOn December 18, 2014, then-Attorney General Eric Holder announced that the Department of Justice would take the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of discrimination based on an individual's gender identity, including transgender status. While Title VII does not apply to military personnel, for some, this change in the Administration's position has raised questions about U.S. law and DOD policies as they relate to transgender individuals.The word "transgender" does not appear in the United States Code, the Code of Federal Regulations, or in any DOD issuances. However, the term "transgender" is typically applied to individuals who do not identify or conform to their physical gender at birth and may include, but is not limited to, those who self-identify as transgender, transsexual, gender-queer, gender non-conforming, or cross-gender. For the purpose of diagnosis, the American Psychiatric Association classifies this condition as "gender dysphoria."DOD treats the physical and psychological aspects of transgender conditions as disqualifying conditions for new accessions and for the discharge of existing servicemembers.Current DOD policies:1. Prohibit the appointment, enlistment, or induction of those with a "current or history of psychosexual conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism, and other paraphilias," or those with "history of major abnormalities or defects of the genitalia including but not limited to change of sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis;"2. Allow servicemembers to be separated administratively on the basis of a diagnosis of a mental disorder. Mental disorders are further defined by military department regulations to include, "psychosexual, transsexual, and gender identity conditions to include...change of sex or a current attempt to change sex."The first policy effectively bans entry into service of those who have undergone sex reassignment surgery and those who have a psychiatric history of the conditions listed above. In the case of military discharges, while DOD policies allow for existing servicemembers to be administratively separated for mental disorders, they do not require that the servicemember be separated. The DOD policy authorizes the discharge of the servicemember only if the mental health provider's diagnosis "concludes that the disorder is so severe that the member's ability to function effectively in the military environment is significantly impaired."What are Some Implications of Change for DOD?In prior legal challenges to the military discharge policy, DOD has argued that the medical needs of transgender servicemembers would impact military readiness and deployability. However, not all transgender individuals have the same level of medical requirements. If the DOD were to make policy changes to allow the open service of transgender individuals, considerations may vary for individuals who:1. self-identify as a different gender and would like to be recognized as their chosen gender, but do not choose to undergo hormone therapy or surgery,2. are undergoing or would like to undergo hormone therapy without surgery, and3. have had or wish to have gender reassignment surgery.In all cases the DOD might need to consider administrative questions regarding, for example, the type of uniform worn, the gender listed on the individual's military I.D., and duty and berthing assignments. If the individual is undergoing hormone therapy, another consideration might be the physical fitness testing and standards that apply (currently these vary by gender). In cases where medical treatments are required, the DOD might need to review military health insurance (TRICARE) benefits that currently do not cover treatments or surgery related to transsexualism or gender dysphoria.Is the DOD Considering Policy Changes?While some in the military have expressed reservations about any policy changes that would allow transgender individuals to serve in the military, other senior leaders have signaled openness to the possibility of shifting DOD policies. In February 2015, during a question and answer session with troops in Kandahar, Afghanistan, Secretary of Defense Ashton Carter responded to questions about transgender service, saying:I'm very open-minded about ... what their personal lives and proclivities are, 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?DOD has not initiated a formal review of the transgender service policies. However, the Pentagon has stated that in February 2015 a routine, periodic review of medical requirements began that is expected to take approximately 12-18 months.

What are the Department of Defense (DOD) Policies on Transgender Service?

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Federal Publications Key Workplace Documents 
7-15-2015 
What are the Department of Defense (DOD) Policies on 
Transgender Service? 
Kristy N. Kamarck 
Congressional Research Service 
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What are the Department of Defense (DOD) Policies on Transgender Service? 
Abstract 
[Excerpt] On July 13, 2015, Secretary of Defense Ashton Carter announced that DOD will review its 
policies on transgender service. As part of this announcement he issued two directives: 
• 1. DOD will create a working group composed of military and civilian personnel to study 
the policy and readiness implications of allowing transgender persons to serve openly. 
• 2. The decision authority for administrative discharges for those diagnosed with gender 
dysphoria or who identify themselves as transgender will be the Under Secretary of 
Defense for Personnel and Readiness. 
Keywords 
Department of Defense, transgender service, personnel policy 
Comments 
Suggested Citation 
Kamarck, K. N. (2015). What are the Department of Defense (DOD) policies on transgender service? 
Washington, DC: Congressional Research Service. 
This article is available at DigitalCommons@ILR: https://digitalcommons.ilr.cornell.edu/key_workplace/1439 
CRS Insights 
What are the Department of Defense (DOD) 
Policies on Transgender Service? 
Kristy N. Kamarck, Analyst in Military Manpower (kkamarck@crs.loc.gov, 7-7783) 
July 15, 2015 (IN10264) 
Background 
On July 13, 2015, Secretary of Defense Ashton Carter announced that DOD will review its policies 
on transgender service. As part of this announcement he issued two directives: 
         1. DOD will create a working group composed of military and civilian personnel to study 
the policy and readiness implications of allowing transgender persons to serve openly. 
         2. The decision authority for administrative discharges for those diagnosed with gender 
dysphoria or who identify themselves as transgender will be the Under Secretary of Defense 
for Personnel and Readiness. 
Secretary Carter also emphasized that the working group will "start with the presumption that 
transgender persons can serve openly without adverse impact on military effectiveness and 
readiness, unless and except where objective, practical impediments are identified." 
The word "transgender" does not appear in the United States Code, the Code of Federal 
Regulations, or in any DOD issuances. However, the term "transgender" is typically applied to 
individuals who do not identify or conform to their physical gender at birth and may include, but 
is not limited to, those who self-identify as transgender, transsexual, gender-queer, gender 
nonconforming, or cross-gender. For the purpose of diagnosis, the American Psychiatric 
Association classifies this condition as "gender dysphoria." 
DOD currently treats the physical and psychological aspects of transgender conditions as 
disqualifying conditions for new personnel accessions and for the discharge of existing 
servicemembers. 
Current DOD policies: 
         Prohibit the appointment, enlistment, or induction of those with a "current or history of 
psychosexual conditions, including but not limited to transsexualism, exhibitionism, 
transvestism, voyeurism, and other paraphilias," or those with "history of major abnormalities 
or defects of the genitalia including but not limited to change of sex, hermaphroditism, 
pseudohermaphroditism, or pure gonadal dysgenesis;" 
         Allow servicemembers to be separated administratively on the basis of a diagnosis of a 
mental disorder. Mental disorders are further defined by military department regulations to 
include, "psychosexual, transsexual, and gender identity conditions to include...change of sex 
or a current attempt to change sex." 
The first policy effectively bans entry into service of those who have undergone sex reassignment 
surgery and those who have a psychiatric history of the conditions listed above. In the case of 
military discharges, while DOD policies allow for an existing servicemember to be administratively 
separated for mental disorders, they do not require that the servicemember be separated. 
The DOD policy authorizes the discharge of the servicemember only if a mental health provider's 
diagnosis "concludes that the disorder is so severe that the member's ability to function 
effectively in the military environment is significantly impaired." Under the Secretary of Defense's 
new directive, the decision to administratively separate transgender servicemembers will be 
elevated to the Under Secretary of Defense for Personnel and Readiness. 
What are Some Implications of Change for DOD and Issues for 
Congress? 
In prior legal challenges to the military discharge policy, DOD has argued that the medical needs 
of transgender servicemembers would impact military readiness and deployability. However, not 
all transgender individuals have the same level of medical requirements. If the DOD were to 
make policy changes to allow the open service of transgender individuals, considerations may 
vary for individuals who: 
         1. self-identify as a different gender and would like to be recognized as their chosen 
gender, but do not choose to undergo hormone therapy or surgery, 
         2. are undergoing or would like to undergo hormone therapy without surgery, and 
         3. have had or wish to have gender reassignment surgery. 
In all cases the DOD might need to consider administrative questions such as, the type of uniform 
worn, the gender listed on the individual's military I.D., and duty and berthing assignments. If the 
individual is undergoing hormone therapy, another consideration might be the physical fitness 
testing and standards that apply as currently these vary by gender. 
In cases where medical treatments are required, the DOD might need to review military health 
insurance (TRICARE) benefits that currently do not cover treatments or surgery related to 
transsexualism or gender dysphoria to determine whether these treatments should be covered. 
Another consideration might be how to treat transgender women who may be serving in combat 
occupations and units that are currently closed to women. While DOD is not required by law to 
obtain congressional review or approval for changes to transgender policies, the military 
departments are required by law (10 U.S.C. §652) to notify Congress of changes that would open 
any new military career designators to women. Congress then has a 30-day (continuous in-
session) review period upon receiving notification of the changes before DOD can implement 
them. (For more information please see CRS Report R42075, Women in Combat: Issues for 
Congress, by Kristy N. Kamarck) 
DOD's working group is expected to complete their review and studies within the next six months. 
 


[Excerpt] On July 13, 2015, Secretary of Defense Ashton Carter announced that DOD will review its policies on transgender service. As part of this announcement he issued two directives:  1. DOD will create a working group composed of military and civilian personnel to study the policy and readiness implications of allowing transgender persons to serve openly.  2. The decision authority for administrative discharges for those diagnosed with gender dysphoria or who identify themselves as transgender will be the Under Secretary of Defense for Personnel and Readiness.CRS_DOD_Transgender_Service.pdf: 84 downloads, before Oct. 1, 2020

eCommons@Cornell

This report briefly discusses Department of Defense Policies regarding transgender service

CRS Insights What are the Department of Defense (DOD) Policies on Transgender Service? Kristy N. Kamarck, Analyst in Military Manpower (kkamarck@crs.loc.gov, 7-7783) July 15, 2015 (IN10264) Background On July 13, 2015, Secretary of Defense Ashton Carter announced that DOD will review its policies on transgender service. As part of this announcement he issued two directives:          1. DOD will create a working group composed of military and civilian personnel to study the policy and readiness implications of allowing transgender persons to serve openly.          2. The decision authority for administrative discharges for those diagnosed with gender dysphoria or who identify themselves as transgender will be the Under Secretary of Defense for Personnel and Readiness. Secretary Carter also emphasized that the working group will "start with the presumption that transgender persons can serve openly without adverse impact on military effectiveness and readiness, unless and except where objective, practical impediments are identified." The word "transgender" does not appear in the United States Code, the Code of Federal Regulations, or in any DOD issuances. However, the term "transgender" is typically applied to individuals who do not identify or conform to their physical gender at birth and may include, but is not limited to, those who self-identify as transgender, transsexual, gender-queer, gender nonconforming, or cross-gender. For the purpose of diagnosis, the American Psychiatric Association classifies this condition as "gender dysphoria." DOD currently treats the physical and psychological aspects of transgender conditions as disqualifying conditions for new personnel accessions and for the discharge of existing servicemembers. Current DOD policies:          Prohibit the appointment, enlistment, or induction of those with a "current or history of psychosexual conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism, and other paraphilias," or those with "history of major abnormalities or defects of the genitalia including but not limited to change of sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis;"          Allow servicemembers to be separated administratively on the basis of a diagnosis of a mental disorder. Mental disorders are further defined by military department regulations to include, "psychosexual, transsexual, and gender identity conditions to include...change of sex or a current attempt to change sex." The first policy effectively bans entry into service of those who have undergone sex reassignment surgery and those who have a psychiatric history of the conditions listed above. In the case of military discharges, while DOD policies allow for an existing servicemember to be administratively separated for mental disorders, they do not require that the servicemember be separated. The DOD policy authorizes the discharge of the servicemember only if a mental health provider's diagnosis "concludes that the disorder is so severe that the member's ability to function effectively in the military environment is significantly impaired." Under the Secretary of Defense's new directive, the decision to administratively separate transgender servicemembers will be elevated to the Under Secretary of Defense for Personnel and Readiness. What are Some Implications of Change for DOD and Issues for Congress? In prior legal challenges to the military discharge policy, DOD has argued that the medical needs of transgender servicemembers would impact military readiness and deployability. However, not all transgender individuals have the same level of medical requirements. If the DOD were to make policy changes to allow the open service of transgender individuals, considerations may vary for individuals who:          1. self-identify as a different gender and would like to be recognized as their chosen gender, but do not choose to undergo hormone therapy or surgery,          2. are undergoing or would like to undergo hormone therapy without surgery, and          3. have had or wish to have gender reassignment surgery. In all cases the DOD might need to consider administrative questions such as, the type of uniform worn, the gender listed on the individual's military I.D., and duty and berthing assignments. If the individual is undergoing hormone therapy, another consideration might be the physical fitness testing and standards that apply as currently these vary by gender. In cases where medical treatments are required, the DOD might need to review military health insurance (TRICARE) benefits that currently do not cover treatments or surgery related to transsexualism or gender dysphoria to determine whether these treatments should be covered. Another consideration might be how to treat transgender women who may be serving in combat occupations and units that are currently closed to women. While DOD is not required by law to obtain congressional review or approval for changes to transgender policies, the military departments are required by law (10 U.S.C. §652) to notify Congress of changes that would open any new military career designators to women. Congress then has a 30-day (continuous in-session) review period upon receiving notification of the changes before DOD can implement them. (For more information please see CRS Report R42075, Women in Combat: Issues for Congress, by Kristy N. Kamarck) DOD's working group is expected to complete their review and studies within the next six months.  

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What are the Department of Defense (DOD) Policies on Transgender Service?

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