Capitol Hill Politicians Push Dueling Bills on Trans Military Service
metroweekly.comban on transgender service members instituted by the Trump administration, in which some individuals who had transitioned prior to the ban were “grandfathered” in, meaning they could continue serving without incident, while those wishing to transition in the future or currently in the process of transitioning could not.Under the Rubio-Banks bill, the Department of Defense would be forced to adopt regulations prohibiting people who identify as transgender or have been diagnosed with gender dysphoria from serving, except in rare circumstances.Those exempt from the ban are people who may identify as transgender but have remained stable in their assigned sex at birth for 36 months prior to joining the military, and members who are diagnosed after entering the military but who do not attempt to medically transition.Under the bill, those who have been diagnosed with gender dysphoria may only serve in their assigned sex at birth.
Those who identify as transgender but have never been diagnosed with gender dysphoria may also serve in their assigned sex at birth, and are expected to adhere to all fitness and dress code standards for that gender.However, any person who has undergone surgical transition — even under previous administrations with affirming policies — would be prohibited from continuing to serve.Under the bill, 90 days after its enactment into law, the Defense Department would be forced to adopt regulations requiring individual service members’ gender markers in the Defense Enrollment Eligibility Reporting System to match their assigned sex at birth, regardless of whether a person’s gender marker was previously amended.Currently, there are an estimated 15,000 transgender people overall serving in the various branches.
