Sexual orientation and gender identity in the United States military

{{main|Sexual orientation in the United States military}}

Until 1993, military policy strictly forbid non-heterosexuals from serving in the military. From 1993, the military used its "Don't ask, don't tell" policy, which only restricted non-heterosexuals from serving if they were open about their sexual orientation.{{cite web |url=https://www.hrc.org/our-work/stories/repeal-of-dont-ask-dont-tell |title=Repeal of "Don't ask, Don't Tell" |website=Human Rights Campaign |access-date=March 30, 2021}} This led to a number{{Quantify|date=July 2019|Note=Weren’t there thousands?}} of active investigations into members of the services to determine their sexuality and saw several court challenges over privacy rights. The "Don't ask, don't tell" policy was repealed in September 2011, allowing homosexuals and bisexuals to serve openly in the armed forces. Marriage and partner benefits remained in question until after the Supreme Court ruled in United States v. Windsor (2013) that the military must offer similar benefits to these relationships as they do to heterosexual ones.{{cite web |url=https://supreme.justia.com/cases/federal/us/570/744/ |title=United States v. Windsor, 570 U.S. 744 (2013) |website=Justia |access-date=March 30, 2021}} Since 2013, the military gives fully equal treatment legally to their partners and families.

{{main|Transgender personnel in the United States military}}

From the creation of the United States military to 1960, there was no ban on transgender people from serving or enlisting the United States military. From 1960 to June 30, 2016, there was a blanket ban on all transgender people from serving and enlisting in the United States military; this ended on January 1, 2018, when transgender individuals in the United States military were allowed to serve in their identified or assigned gender upon completing transition.

From January 1, 2018, to April 11, 2019, transgender individuals could enlist in the United States military under the condition of being stable for 18 months in their identified or assigned gender. Under the 2020 version of DoD Instruction, 1300.28,{{Cite web |url=https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130028p.pdf?ver=2020-09-04-115910-477 |title=Military Service by Transgender Persons and Persons with Gender Dysphoria |date=September 4, 2020 |publisher=United States Department of Defense |access-date=September 8, 2020 |archive-date=September 23, 2020 |archive-url=https://web.archive.org/web/20200923092905/https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130028p.pdf?ver=2020-09-04-115910-477 |url-status=live}} transgender personnel in the United States military could only serve in their original sex assignment, unless they had been grandfathered in prior to April 12, 2019, or were given a waiver. This Memorandum, originally scheduled to expire on March 12, 2020, was extended until September 12, 2020.{{Cite web |url=https://drive.google.com/file/d/1tQugAtmmg-cDrhwQVRPtCGNBA6c7b3x2/view?usp=embed_facebook|title=Directive-type Memorandum (DTM)-19-004 — Military Service by Transgender Persons and Persons with Gender Dysphoria |date=March 12, 2019 |publisher=Office of the Deputy Secretary of Defense |via=Google Docs|access-date=April 12, 2020|archive-date=April 22, 2020|archive-url=https://web.archive.org/web/20200422191533/https://drive.google.com/file/d/1tQugAtmmg-cDrhwQVRPtCGNBA6c7b3x2/view?usp=embed_facebook|url-status=live}}{{Cite web|url=https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM%2019-004.PDF?ver=2020-03-17-140438-090|title=Directive-type Memorandum (DTM)-19-004 - Military Service by Transgender Persons and Persons with Gender Dysphoria March 17, 2020|access-date=March 21, 2020|archive-date=March 29, 2020|archive-url=https://web.archive.org/web/20200329201902/https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dtm/DTM%2019-004.PDF?ver=2020-03-17-140438-090|url-status=live}} Before the Memorandum expired, it was replaced by a reissued version of DoD Instruction 1300.28, entitled "Military Service by Transgender Persons and Persons with Gender Dysphoria", which took effect on September 4, 2020.

On January 25, 2021, U.S. President Joe Biden issued an executive order to revoke the bans on transgender individuals. Despite not requiring the U.S. Department of Homeland Security and U.S. Department of Defense to immediately issue orders completely lifting the transgender bans, such orders were required after both the U.S. Secretary of Defense and the U.S. Secretary of Homeland Security held consultation with the Joint Chiefs of Staff.{{Cite web|date=2021-01-25|title=Enabling All Qualified Americans to Serve Their Country in Uniform|url=https://bidenwhitehouse.archives.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-enabling-all-qualified-americans-to-serve-their-country-in-uniform/|access-date=2021-01-25|website=The White House|language=en-US}}

{{main article|Intersex people and military service in the United States}}

The accepting of intersex people in the United States Armed Forces seems to vary depending on the nature of the condition for individual people.{{cite web|url=https://www.voiceofsandiego.org/fact/gender-sexuality-and-joining-the-military/|title=Gender, Sexuality and Joining the Military - Voice of San Diego|date=10 February 2010}} Publications by the United States National Center for Biotechnology Information recommends that intersex individuals be allowed to serve in the armed forces, but not combat units.{{cite journal |pmid=19055190 |year=2008 |last1=Marom |first1=T. |title=Intersex patients in military service |journal=Military Medicine |volume=173 |issue=11 |pages=1132–5 |last2=Itskoviz |first2=D. |last3=Ostfeld |first3=I. |doi=10.7205/milmed.173.11.1132|doi-access= }} The Veterans Health Administration distinguishes between surgeries for transgender individuals and intersex persons. In 2015 this allowed intersex persons to receive medically necessary treatment that was prohibited for trans people at the time.{{cite web |url=http://transveteran.org/faq/va-distinguish-transsexual-gender-confirmation-surgery-intersex-surgery/ |title=Does VA Distinguish Between Transsexual Gender-Confirmation Surgery and Intersex Surgery? |last=Young |first=Evan |date=December 5, 2015 |website=Trans Veteran |access-date=March 30, 2021}}{{cite web |url=https://www.care2.com/causes/va-issues-new-directive-on-trans-and-intersex-veteran-health-care.html |title=VHA Issues New Directive on Trans and Intersex Veteran Health Care |author=Steve W |date=June 13, 2011 |archive-url=https://web.archive.org/web/20110630125642/https://www.care2.com/causes/va-issues-new-directive-on-trans-and-intersex-veteran-health-care.html |archive-date=June 30, 2011 |access-date=March 30, 2021}} The Civil Air Patrol and Coast Guard Auxiliary accept all intersex persons.2014; Operative Pediatric Surgery - Page 901

In 2012 transvestism was included in a list of conditions which disqualified individuals for service under the Department of Defense Instruction 6130.03.{{cite web |url=http://www.med.navy.mil/sites/nmotc/nami/arwg/Documents/WaiverGuide/DODI_6130.03_JUL12.pdf |title=Department of Defense Instruction Number 6130.03 |date=2 July 2012 |publisher=Office of the Secretary of Defense |access-date=28 August 2017 |archive-date=28 August 2017 |archive-url=https://web.archive.org/web/20170828175332/http://www.med.navy.mil/sites/nmotc/nami/arwg/Documents/WaiverGuide/DODI_6130.03_JUL12.pdf |url-status=dead }} The ban dates back to 1961.{{cite web |url=https://www.palmcenter.org/wp-content/uploads/2016/06/Why-the-US-Militarys-Transgender-Ban-Unraveled-So-Quickly-1.pdf |title=Here Today, Gone Tomorrow - Why the US Military's Transgender Ban Unraveled So Quickly |last=Belkin |first=Aaron |date=June 2016 |website=Palm Center |access-date=March 30, 2021}} The repeal of Don't ask, don't tell did not allow cross-dressers to serve openly in the armed forces.{{cite web|url=http://www.dallasvoice.com/what-about-transvestite-clothing-in-the-military-1053266.html|archive-url=https://web.archive.org/web/20150928000030/http://www.dallasvoice.com/what-about-transvestite-clothing-in-the-military-1053266.html|url-status=dead|archive-date=28 September 2015|title=What About "Transvestite Clothing" In The Military? - Dallas Voice|date=28 September 2015}}{{cite web |url=https://researchbank.acu.edu.au/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=4444&context=fea_pub |title=Transgender Policy in the Australian Defence Force: Medicalization and Its Discontents |archive-url=https://web.archive.org/web/20190123223125/https://researchbank.acu.edu.au/cgi/viewcontent.cgi?referer=https://www.google.com/&httpsredir=1&article=4444&context=fea_pub |archive-date=January 23, 2019 |access-date=March 30, 2021}} Since cross-dressing is sometimes conflated with attempts by transgender people to transition, there have been instances of people being discharged for cross-dressing or rejected from service altogether when trying to enlist due to past cross-dressing.{{cite web |last1=Speckhard |first1=Anna |last2=Paz |first2=Reuven |url=https://www.academia.edu/14134575 |title=Transgender Service in the Israel Defense Forces: A Polar Opposite Stance to the U.S. Military Policy of Barring Transgender Soldiers from Service |date=2014 |website=Academia.edu}}Sexual Assault in the U.S. Military: The Battle Within America's Armed; 83

As of 2021, transvestism is still grounds for discharge, or denial of service in the US Military.{{cite web |url=https://www.military.com/join-armed-forces/disqualifiers-medical-conditions.html |title=Medical Conditions that can Keep You from Joining the Military |website=Military.com |access-date=March 30, 2021}}

File:U.S. Air Force Airmen Color Run Pride Month 2022.jpg, Oklahoma, June 2022.]]

In 2013 it was revealed that Mike Rosebush, who then oversaw the "Character and Leadership" coaching program of the Air Force Academy, had previously worked as an ex-gay therapist, and as the vice president of the ex-gay-therapy-supporting Focus on the Family Institute.{{Cite web|url=https://www.huffingtonpost.com/2013/11/21/air-force-academy-gay_n_4319087.html|title=Gay Cadet Lashes Out At Air Force Press Release Claiming Gays Are Welcome|first=Lila|last=Shapiro|date=November 21, 2013|via=Huff Post}}

In 2016 Eric Fanning became the 22nd Secretary of the Army, making him the first openly gay head of any service in the U.S. military.{{cite web |url=http://www.armytimes.com/story/military/2015/09/18/president-nominates-first-openly-gay-army-secretary/72414970/ |title=President nominates first openly gay Army secretary |date=September 18, 2015|work=Army Times |access-date=May 17, 2016 |first=Michelle |last=Tan}}{{cite news |access-date = May 24, 2016 |date = May 20, 2016 |url = http://www.ontopmag.com/article/22778/Eric_Fanning_Thanks_Boyfriend_For_Patience_At_Home_During_Confirmation_Process |first = Carlos |last = Santoscoy |work = On Top Magazine |title = Eric Fanning Thanks Boyfriend For 'Patience At Home' During Confirmation Process}}

In 1994, the United States Coast Guard issued a memo by Commandant Thomas Fisher public which barred anti-gay discrimination against the service's civilian employees while uniformed personnel were still subject to discharge under "don't ask, don't tell".{{Cite news | title = Clear sailing? | newspaper = The Advocate | page = 15 | date = 1994-05-31 | publisher = Here | url = https://books.google.com/books?id=8mMEAAAAMBAJ| access-date = 2010-07-28}}{{Cite web|url=http://coastguard.dodlive.mil/|title=LGBT « Coast Guard Compass|website=Compass}}{{Cite web|url=http://www.independent.co.uk/news/world/americas/us-politics/us-coast-guard-transgender-ban-personnel-break-faith-lgbt-rights-donald-trump-admiral-paul-zukunft-a7872371.html|title=A branch of the military just announced they will resist Trump over transgender troops|date=August 2, 2017|website=The Independent}}{{Cite web|url=https://www.washingtonblade.com/2013/10/31/coast-guard/|title=Coast Guard enacts pro-gay non-discrimination policy|first1=Michael Bedwell|last1=October 31|first2=2013 at 10:45 pm EST at 10:45|last2=pm|date=October 31, 2013}}{{Cite web|url=https://www.outserve-sldn.org/|title=OutServe-SLDN – We've Got Your Six}}

In 2013 the U.S. Marines announced that clubs conducting business on base must admit same-sex spouses.{{cite news|last=Fantz|first=Ashley|title=Marine Corps to spouse clubs: Allow same-sex members or you don't operate on base|url=http://news.blogs.cnn.com/2013/01/10/marine-corps-to-spouse-clubs-allow-same-sex-members-or-you-dont-operate-on-base/ |archive-url=https://web.archive.org/web/20130113001235/http://news.blogs.cnn.com/2013/01/10/marine-corps-to-spouse-clubs-allow-same-sex-members-or-you-dont-operate-on-base/ |url-status=dead |archive-date=January 13, 2013 |access-date=January 26, 2013|newspaper=CNN|date=January 10, 2013}}

The Newport sex scandal arose from a 1919 investigation by the United States Navy into homosexual acts by Navy personnel and civilians in Newport, Rhode Island.{{cite web |url=https://historycollection.com/fdrs-investigation-of-homosexuals-at-the-army-and-navy-ymca-in-rhode-island/3/ |title=FDR's Investigation of Homosexuals at the Navy YMCA in Rhode Island |last=Ward |first=Donna Patricia |date=October 16, 2018 |website=History Collection |access-date=March 30, 2021}} The investigation was noted for its controversial methods of intelligence gathering, specifically its use of enlisted personnel to investigate alleged homosexuals by engaging them sexually. A subsequent military trial ended with the court-martial of 17 sailors charged with sodomy and "scandalous conduct." Most were sent to the naval prison at the Portsmouth Naval Shipyard in Maine. Two more were dishonorably discharged and two others were found innocent with no further action. There was national news coverage of the scandal and a congressional investigation, which concluded with Secretary of the Navy Josephus Daniels and Assistant Secretary of the Navy (and future United States president) Franklin D. Roosevelt being formally rebuked by a Congressional committee.

The USNS Harvey Milk was officially named at a ceremony in San Francisco on 16 August 2016.{{cite news|last1=Blake|first1=Andrew|title=Naval ceremony celebrates naming of USNS Harvey Milk|url=http://www.washingtontimes.com/news/2016/aug/17/naval-ceremony-celebrates-naming-usns-harvey-milk/|access-date=21 October 2016|work=The Washington Times|date=17 August 2016}} It is the first U.S. Navy ship named for an openly gay leader (Harvey Milk, who served as a diving officer in the Navy from 1951 to 1955.){{cite news|last1=Staley|first1=Oliver|title=The US Navy is naming a ship after slain gay rights leader Harvey Milk|url=http://qz.com/760409/the-us-navy-is-naming-a-ship-after-slain-gay-rights-leader-harvey-milk/|access-date=October 21, 2016|work=Quartz|date=17 August 2016}}{{Cite web|url=https://www.theguardian.com/world/2016/jul/28/harvey-milk-navy-ship-lgbt-rights|title=US navy to name ship after gay rights icon Harvey Milk|first=Julia Carrie|last=Wong|author-link=Julia Carrie Wong|date=July 28, 2016|via=www.theguardian.com}}

In 2023, the Military Religious Freedom Foundation shared a video of Secretary of the Navy Carlos Del Toro making homophobic comments during a townhall meeting. When asked about combating homophobia in the Navy, Del Toro promoted homosexuality as being a "choice". A Navy official later responded that Del Toro meant to say that a person making the decision to reveal their sexuality by coming out is a choice.{{Cite web |last=Ziezulewicz |first=Geoff |last2=Dozier |first2=Kimberly |date=April 11, 2023 |title=Navy secretary: chaplain defined by ‘choice’ to identify as gay |url=https://www.navytimes.com/news/your-navy/2023/04/11/navy-secretary-chaplain-defined-by-choice-to-identify-as-gay/ |access-date=April 13, 2023 |website=Navy Times}}

{{main|LGBT healthcare in the United States military|LGBT healthcare in the United States Veterans Health Administration}}

In August 2024, a federal Virginia judge immediately ordered that HIV-positive individuals "with an undetectable viral load" and also who are "fit and healthy" must be allowed, permitted and included within the US Military - regardless of being retained or wanting to join. Official policy for many decades by the Pentagon within Washington D.C. HIV-positive individuals are explicitly banned from the US Military outright.[https://thehill.com/policy/defense/4841398-court-ruling-military-hiv-positive-enlistees/][https://today.westlaw.com/Document/I4081778b617111ef9a5f906d9a270520/View/FullText.html?transitionType=Default&contextData=(sc.Default)&firstPage=true#:~:text=(August%2023%2C%202024)%20-,Virginia%20federal%20judge%20has%20ruled.][https://www.lgbtqnation.com/2024/08/judge-overturns-militarys-ban-on-hiv-positive-enlistees-in-historic-victory/]

In 2000, a memorial to all veterans and to Queer veterans was dedicated in the national veterans cemetery in Phoenix, Arizona.{{cite web|url=http://www.nlgbtvm.org/ |title=National LGBT Veterans Memorial |publisher=Nlgbtvm.org |access-date=2015-05-26}} In 2001, the first American memorial specifically honoring LGBT veterans was dedicated in Desert Memorial Park, Cathedral City, California. In 2014, the third LGBT Veterans Memorial was dedicated at the New Mexico Veterans Memorial Park in Albuquerque, New Mexico by the Bataan chapter of the American Veterans for Equal Rights.{{cite web |url=http://www.gaymilitarysignal.com/1406Loomis.html |title=New Inclusive Memorial Honors LGBT Veterans |author=LTC Steve Loomis |date=May 26, 2014}} In May 2015, the first American federally-approved monument honoring LGBT veterans with the message "Gay, lesbian, bisexual and transgender people have served honorably and admirably in America's armed forces" was dedicated at the Abraham Lincoln National Cemetery near Chicago;{{cite news |url=https://abc7chicago.com/society/monument-to-lgbt-veterans-dedicated-in-elwood/741262/ |title=Monument to LGBT veterans dedicated in Elwood |publisher=abc7chicago.com |access-date=2015-05-26}} the US$18,000 monument was dedicated by the Chicago Chapter of American Veterans for Equal Rights, and was defaced by vandals in June 2017.{{cite news |url=https://www.nytimes.com/2017/07/26/us/for-transgender-service-members-a-mix-of-sadness-anger-and-fear.html |title=For Transgender Service Members, a Mix of Sadness, Anger and Fear |author=Philipps, Dave |date=26 July 2017 |newspaper=The New York Times |access-date=27 July 2017}}{{cite news |url=http://www.chicagotribune.com/suburbs/daily-southtown/news/ct-sta-cemetery-vandalism-monunment-st-0625-20170623-story.html |title=Monument dedicated to LGBT veterans defaced at Abraham Lincoln cemetery |author=Gallagher, Erin |date=23 June 2017 |newspaper=Daily Southtown |publisher=Chicago Tribune |access-date=27 July 2017}}

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|File:Commentary, Through struggles, to the stars 140620-F-AO466-001.jpg |

|File:2016 Department of Defense LGBT Pride Month Event 160608-D-FW736-001.jpg |

|File:Capt. Tamara Graham, chief of staff at U.S. Naval War College (NWC), and Command Master Chief Craig Cole conduct mandatory Department of the Navy transgender policy training - 170110-N-XT779-005 (32132729111).jpg |

|File:2016 Department of Defense LGBT Pride Month Event 160608-D-FW736-021.jpg |

|File:Pride walk, 4 FW steps toward a more diverse future 140630-F-OB680-013.jpg |

|File:JBPHH Celebrates LGBT Pride Month 160615-N-AV234-028.jpg |

|File:Proud to Serve, Proud to be LGBT 160630-F-HB285-047.jpg |

|File:The Calling - Emma (2021).webm

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• Bibliography of works on the United States military and LGBT+ topics
• Sexual orientation and gender identity in the Israeli military
• Sexual orientation and gender identity in the Australian military
• Intersex people and military service
• Military sexual assault#Gender and sexual minorities
• Women in the United States Armed Forces
• Racial segregation in the United States Armed Forces
• Conscription in the United States

{{notelist}}

{{reflist}}

{{Commons category|Military and LGBT in the United States}}

• [https://www.albuquerque.va.gov/ALBUQUERQUE/services/lgbt/index.asp Lesbian, Gay, Bisexual and Transgender Veteran Care], at Albuquerque.va.gov

{{Queer people and military service in the United States}}

{{Sexual orientation and gender identity in the military}}

{{LGBT rights in the United States}}

{{Don't ask, don't tell}}

United States

Category:LGBTQ military history in the United States