President Biden Lifts Transgender Military Ban: What You Need to Know

On Monday, January 25, 2021, President Biden issued the Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform. This Order rolls back Former President Trump’s ban on transgender people serving in the military. This is just the latest step the Biden administration took for LGBTQ inclusivity.

For example, this Order follows on the heels of the Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation President Biden issued on his first day in office. President Biden tasked federal agencies with reviewing and revising current policies that prohibit sex discrimination. The revisions should make regulations more inclusive of the LGBTQ community and clarify that the term “sex” includes sexual orientation and gender identity. Certainly, these policies show that the new administration is prioritizing LGBTQ protections and rights.

What Does the Latest Order Do?

This Order enables all Americans qualified to serve in the Armed Forces to serve. Further, the order explicitly declared that gender identity is not a bar to military service. Additionally, this Order officially revokes President Trump’s Presidential Memorandum on Military Service by Transgender Individuals. Specifically, the Order directs:

• The Secretary of Defense and Secretary of Homeland Security to consult with the Joint Chiefs of Staff about how to best implement this policy in compliance with applicable law and take all necessary steps to ensure all directives, orders, regulations, and policies are consistent with this order.
  • This includes creating processes about how transgender service members may transition gender while serving in the military.
• The Secretary of Defense and Secretary of Homeland Security (with respect to the coastguard) to:
  • First, prohibit involuntary separations, discharges, or denials of reenlistment or continuation of service on the basis of gender identity.
  • Next, reexamine records of service members who were involuntarily separated, discharged, or denied reenlistment or continuation of service on the basis of gender identity.
  • Also, Issue guidance regarding the correction of military records of individuals who faced negative action due to gender identity.
  • Finally, Provide guidance about reviewing applications for correction of records of individuals based on gender identity.
• The Secretary of Defense and Secretary of Homeland Security will report their progress on the order within 60 days.

Need Help

While this order is a great step, many in the LGBTQ community still face workplace discrimination. Our team can help if you face discrimination for your gender identity. See our page for more information about the types of cases and problems our firm is adept at handling.