Noteboom The Law Firm

Transgendered Recruits Still Not Allowed To Serve in Military

January 19, 2011 - Thousands of people, both in-service and out, celebrated as they watched President Obama sign the bill providing for the repeal of Don't Ask Don't Tell. Years of hard work by thousands of people finally came to a head as gay and lesbian soldiers would finally be allowed to openly serve in this country's military. Although the Pentagon is taking their first steps toward embracing a more openly diverse fighting force, that embrace is limited. The law repealing "Don't Ask Don't Tell" does not apply to transgendered recruits.

Any recruit determined to be transgendered is automatically labeled unfit for service and subsequently barred from serving. As was the case with gay soldiers, however, the military cannot stop transgendered soldiers from enlisting prior to coming out. They also cannot stop them from taking advantage various Department of Veterans Affairs (VA) benefits once they re-enter civilian life, such as:

Mental health counseling;
Hormones; and
Standard health care.

Many believe it is just a matter of time before the U.S. military allows openly transgendered troops to serve in its ranks, in keeping with so many other countries in the world. It would be folly to believe there are currently no transgendered individuals serving in today's military. The Department of Veterans Affairs (VA) and the Department of Defense (DoD) do not keep data on the history of transgendered soldiers and veterans in today's military, but rough estimates place the number somewhere around 300,000.

According to military rules, transgendered individuals suffer from mental disorders barring service. Those individuals who have had genital surgery are deemed to suffer from physical abnormalities, again barring their service. Some soldiers who have been caught cross-dressing have found themselves on the business end of a court martial.

This is likely not going to change as long as the American Psychiatric Association lists Gender Identity Disorder in their Diagnostic and Statistical Manual of Mental Disorders.

While the military flat out bars transgendered individuals from openly serving, many find much more support from their local VA facilities. While procedures such as sex-change surgeries are not covered by the VA, counseling and therapy is provided. Those that did serve are entitled to health care benefits, it is just getting into the service that remains the problem.