Just the Beginning: The Biden Administration’s Overturn of Trump’s Transgender Military Ban and Civil Rights Protection for LGBTQ Americans
Lauren McLeod, Online Assistant Editor
February 18, 2021
Gujral, Zoe. “Biden Lifts Transgender Military Ban”. University of Pittsburgh: Jurist. January 26, 2021. https://www.jurist.org/news/2021/01/biden-lifts-transgender-military-ban/
On January 25th, just six days after his inauguration, the new United States President Joe Biden announced the administration’s decision to overturn and reverse the effects of President Trump’s transgender military ban. After President Biden’s statement of action towards the revoking of the transgender military ban back in November of 2020 to restore the rights and security of LGBTQIA+ peoples across the United States, his swift reaction towards this social issue once in office has produced a signature to his promise.
In 2016 President Barrack Obama announced the ability of American transgender peoples to freely enlist, serve and obtain proper medical care within the United States military. However, in 2019, President Donald Trump took to the social media page Twitter to announce that “transgender individuals would no longer be allowed to serve in a capacity in the U.S military”, Trump attempted to justify his decision in stating the medical cost were burdening the Pentagon and U.S government with medical costs. The April 2019 ban allowed transgender service members that who were currently serving to remain, however prohibited the enlistment of any one with gender dysphoria, revoking President Obama’s 2016 legislation.
This social injustice spread shock waves of fear to the LGBTQIA+ community not only within the U.S but around the world, producing protests in New York City, Washington D.C and elsewhere. This enactment by President Trump formed immense steps backwards for the progress of the United States LGBTQIA+ rights for equality and anti-discrimination. The policy enactment of the 2019 ban was compared to that of the Clinton administration's failed and intolerable “Don’t Ask, Don’t Tell policy” issues in 1993. Thus, President Biden’s executive order reversing Trump’s ban and re-establishing President Barack Obama’s policy initiative demonstrated a promotion of LGBTQIA+ civil rights protection.
During President Biden’s campaign, he made inherently evident his dedication to the reversal of Trump’s social and political injustice towards to the transgender community. As quoted Biden stated that putting a swift end to the ban “not only is just the right thing to do, but it is in our national interest”. Biden stated that this decision was not only based on social equality but as well based on evidence, that the Trump administration solely prejudice decision was in fact harmful for the military capabilities. A study conducted by Palm Center; DoD’s Transgender Ban Has Harmed Military Readiness, has analyzed the damaging effects the military ban has had on the Armed Forces based on “Pentagon Data and demographic analysis of retention and recruitment patterns”. The key finding of this study exhibited that it “artificially constricts the recruiting pool from the prime recruiting age” and perpetuates anti-transgender rhetoric and stigmatization harming the cohesion and standards of missions.
The Biden administration action has formed a rhetoric of anti-discrimination and the promotion of change within the United States, thus hopeful to forming a new ideological framework of inclusion. Biden’s statement “America is stronger, at home and around the world, when it is inclusive, and the military is no exception”. The June 15th,2020, Supreme Court ruling of Bostox v. Clayton read that sexual orientation and gender identity are analogous and fall under the category of sex, protecting the employment rights of LGBTQIA+ citizens, thus this legal ruling serves to defends against discrimination of those within the LGBTQIA+ community. Thus, this executive order by the Biden administration reaffirms this ruling by the United States Supreme Court and demonstrates a dedication to its decision by the federal government of the United States.
Within the wake of a new 2021 activist environment and the national and international superpower that is the United States military, this early action by Biden in his seat as President has made immense efforts towards the inclusivity, diversity, promotion of LGBTQIA+ anti-discrimination and a dedication to civil rights protection. However, there is much to be done in reversing the polarizing ideological effect the Trump administration has promoted over the last four years. Gender dysphoria is a predominant issue within the military for the LGBTQIA+ community. Thus, with beginning of a new chapter for LGBTQIA+ rights, the Biden administration has a considerable undertaking to counteract the ongoing discrimination against the LGBTQIA+ community from the formation of the military’s LGBTQIA+ stigmatization and eliminating the anti-transgender harassment by superiors and peers within the U.S military.