Laws Regarding LGBTQ+ People in the Military
Laws regarding LGBTQ+ individuals in the military have a long and contentious history. "Don't ask, don't tell" (DADT) was the official United States policy on military service by LGB individuals, instituted by the Clinton Administration on February 28, 1994 and lasting until September 20, 2011. The policy prohibited military personnel from discriminating against or harassing closeted homosexual or bisexual service members or applicants, while barring openly gay, lesbian, or bisexual persons from military service. According to USA Today, "Despite the Trump administration's reinstatement of a ban on transgender service members that was repealed under President Donald Trump's predecessor, Barack Obama, public support for LGBTQ-specific veterans is at a historic high."
On July 26, 2017, President Trump posted a series of tweets announcing that “[t]he United States Government will not accept or allow transgender individuals to serve in any capacity in the U.S. Military.” A month after the initial tweets, President Trump issued a formal memorandum detailing the ban and directing Secretary of Defense James Mattis to produce implementation recommendations, which he did in March 2018. Several lawsuits were files, but on January 22, 2019, the Supreme Court lifted the injunctions, allowing the Department of Defense to implement the ban while litigation continues, without issuing a ruling on the ban itself. The Administration began implementing the ban on April 12, 2019.
For more information on transgender individuals in the military, please visit the HRC's information page.
The military may grant waivers allowing transgender individuals to serve in accordance with their gender identity. See this recent NBC article about a Navy member granted a waiver.