The Military’s Transgender Policy, Stalled

http://www.nytimes.com/2016/04/06/opinion/the-militarys-transgender-policy-stalled.html

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Defense Secretary Ashton Carter announced last July that the Pentagon intended to allow transgender people to serve openly in the military within six months, calling the decades-long ban “outdated” and an impediment to attracting and retaining top talent.

More than eight months later, a new policy has yet to be unveiled. It is imperative that Mr. Carter complete this process in a matter of weeks so transgender troops can start serving openly while he is in office.

A study by the RAND Corporation, undertaken at the request of the Defense Department, recently concluded that repealing the Pentagon’s discriminatory transgender ban would have minimal impact on the force. The study, which has not yet been publicly released, predicted that between 29 and 129 service members would seek transition-related medical care annually. It also found that the change in policy was unlikely to harm unit cohesion and that the cost of providing transition-related care would be negligible.

A task force Mr. Carter convened last year to establish an inclusive policy has drafted regulations addressing how the Defense Department should handle cases of service members who transition after joining the military. But questions remain. Some officials have recommended that transgender troops who transition soon after enlisting should be discharged, but have given no legitimate reasons for this proposal. In any case, such an approach would be discriminatory. There is also some debate over the criteria to use in evaluating whether people who are undergoing transition-related medical treatment are fit for duty.

At least 77 service members have disclosed to their supervisors that they are transgender. But there are no clear rules on personal grooming, uniforms and other matters, which has put them and commanders in a difficult position. Some commanders have insisted that comrades of transgender service members continue using pronouns that are at odds with the gender identity of those individuals. There has been confusion over which restrooms transgender troops should use.

While openly transgender individuals are no longer being discharged, some careers have been put on hold. Ali Marberry, who graduated last year from the Naval Academy, was slated to start fighter pilot training last fall. Soon after the policy review was announced last year, Ensign Marberry came out as transgender and was disqualified from flight school. She may be able to reapply when a new transgender policy is in place. While her peers have been assigned to Navy units, she remains at the academy in Annapolis performing administrative tasks. She is required to wear the male uniform and use men’s restrooms. She hasn’t been told whether flight school is still in the cards.

“I would love to fly still, absolutely,” Ensign Marberry said. “But at this point anything sounds good. I just want to do my job and I want to do it as a person I’m comfortable being.”

Once a new policy is announced, the military services are likely to ask for a period to educate the force before it is put into effect. This should be done as quickly as possible. If the changes are not made expeditiously, Mr. Carter runs the risk of leaving office with an unfulfilled promise to a small, but important, segment of Americans who want to continue serving their country honorably.

That would be unfair to them, squander investments the military has made in highly skilled personnel and tarnish the legacy of a defense secretary who has done much to make the Pentagon a more inclusive and attractive employer.