Washington - President Donald Trump
signed a memorandum on Friday that bans some transgender
individuals from serving in the US military, but gives the
armed forces latitude in implementing policies.
The memorandum said transgender individuals with a history
of gender dysphoria, defined as "those who may require
substantial medical treatment, including through medical drugs
or surgery", are disqualified from military service "except
under certain limited circumstances".
It added that the secretaries of defence and homeland
security "may exercise their authority to implement any
appropriate policies concerning military service by transgender
individuals".
The White House said Defence Secretary Jim Mattis had found
that individuals with a history or diagnosis of gender dysphoria
presented a risk to military effectiveness.
"This new policy will enable the military to apply
well-established mental and physical health standards ...
equally to all individuals who want to join and fight for the
best military force the world has ever seen," it said.
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The Democratic National Committee criticised the move as an
insult to transgender service members. In a strongly-worded
statement, US House Democratic Leader Nancy Pelosi said the
policy would harm the nation.
"This latest memorandum is the same cowardly, disgusting ban
the President announced last summer," she said. "The President’s
hateful ban is purpose-built to humiliate our brave transgender
members of the military who serve with honour and dignity."
Trump's decision is less restrictive than his initial
comments in a July Twitter message saying he would prohibit
transgender people from military service. That blanket ban
reversed former President Barack Obama’s policy.
At the time, Trump said on Twitter, the military "cannot be
burdened with the tremendous medical costs and disruption that
transgender in the military would entail".
However, a number of federal judges have already issued
rulings blocking Trump's ban, saying it would probably violate
the right, under the US Constitution, to equal protection
under the law.
On Friday, the Pentagon reaffirmed that it would continue to
comply with federal law.
"(The Pentagon) will continue to assess and retain
transgender service members," Pentagon spokesman Major David
Eastburn said.
In a February memorandum to the White House, made public on
Friday, Mattis said transgender individuals with a history of
gender dysphoria were disqualified from military service.
But he added that those currently serving could continue to
serve if they had been diagnosed with gender dysphoria since
Obama's policy took effect.
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Mattis also recommended that transgender individuals who
require or have undergone gender transition be disqualified from
military service.
"In my professional judgment, these policies will place the
Department of Defence in the strongest position to protect the
American people, to fight and win America's wars, and to ensure
the survival and success of our service members around the
world," Mattis wrote.
A court filing by the Trump administration said 8,980
service members reportedly identify as transgender, but only 937
active duty service members were diagnosed with gender dysphoria
since June 30, 2016.
At least one openly transgender recruit has already signed a
contract to join the US military since a federal court ruled
late last year that the military would have to accept
transgender individuals.
The Department of Justice said it would continue to defend
the defence department's authority to create and implement
personnel policies.
"Consistent with this new policy, we are asking the courts
to lift all related preliminary injunctions in order to ensure
the safety and security of the American people and the best
fighting force in the world," it said in a statement.
Advocates have said they believe dozens, if not hundreds, of
transgender people will seek to join those already serving.
The Human Rights Campaign, a lesbian, gay, bisexual and
transgender advocacy group, condemned the Trump policy.
"There is simply no way to spin it, the Trump-Pence
administration is going all in on its discriminatory,
unconstitutional and despicable ban on transgender troops," Chad
Griffin, its president, said in a statement.