Thursday, September 10, 2020

DoD Issues New Document On Transgender Military Service

Last week (Sept. 4), the Department of Defense issued DoD Instruction 1300.28 setting out its current policy on enlistment and service in the military by transgender individuals. The new document tracks a policy memo issue last March. (See prior posting.) The new Instruction provides in part:

Transgender Service members and applicants for Military Service [who enlisted on or after April 12, 2019 or who are newly diagnosed with gender disphoria] ... must adhere to the standards associated with their biological sex. Transgender Service members may consult with a military medical provider, receive a diagnosis of gender dysphoria, and receive mental health counseling, but may not obtain a gender marker change or serve in their preferred gender. A Service member may be retained without a waiver provided that a military medical provider determined that gender transition is not medically necessary to protect the health of the individual. Continued service is contingent on the Service member not seeking gender transition, the Service member being willing and able to serve in his or her biological sex, and the Service member being able to meet applicable deployability requirements.