CRS Insights
What are the Department of Defense (DOD) Policies on Transgender Service?
Kristy N. Kamarck, Analyst in Military Manpower (kkamarck@crs.loc.gov, 7-7783)
April 28, 2015 (IN10264)
Background
On December 18, 2014, then-Attorney General Eric Holder announced that the Department of Justice would take
the position in litigation that the protection of Title VII of the Civil Rights Act of 1964 extends to claims of
discrimination based on an individual's gender identity, including transgender status. While Title VII does not
apply to military personnel, for some, this change in the Administration's position has raised questions about U.S.
law and DOD policies as they relate to transgender individuals.
The word "transgender" does not appear in the United States Code, the Code of Federal Regulations, or in any
DOD issuances. However, the term "transgender" is typically applied to individuals who do not identify or
conform to their physical gender at birth and may include, but is not limited to, those who self-identify as
transgender, transsexual, gender-queer, gender non-conforming, or cross-gender. For the purpose of diagnosis, the
American Psychiatric Association classifies this condition as "gender dysphoria."
DOD treats the physical and psychological aspects of transgender conditions as disqualifying conditions for new
accessions and for the discharge of existing servicemembers.
Current DOD policies:
1. Prohibit the appointment, enlistment, or induction of those with a "current or history of psychosexual
conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism, and other
paraphilias," or those with "history of major abnormalities or defects of the genitalia including but not
limited to change of sex, hermaphroditism, pseudohermaphroditism, or pure gonadal dysgenesis;"
2. Allow servicemembers to be separated administratively on the basis of a diagnosis of a mental disorder.
Mental disorders are further defined by military department regulations to include, "psychosexual,
transsexual, and gender identity conditions to include...change of sex or a current attempt to change sex."
The first policy effectively bans entry into service of those who have undergone sex reassignment surgery and
those who have a psychiatric history of the conditions listed above. In the case of military discharges, while DOD
policies allow for existing servicemembers to be administratively separated for mental disorders, they do not
require that the servicemember be separated. The DOD policy authorizes the discharge of the servicemember only
if the mental health provider's diagnosis "concludes that the disorder is so severe that the member's ability to
function effectively in the military environment is significantly impaired."
What are Some Implications of Change for DOD?
In prior legal challenges to the military discharge policy, DOD has argued that the medical needs of transgender
servicemembers would impact military readiness and deployability. However, not all transgender individuals have
the same level of medical requirements. If the DOD were to make policy changes to allow the open service of
transgender individuals, considerations may vary for individuals who:
1. self-identify as a different gender and would like to be recognized as their chosen gender, but do not
choose to undergo hormone therapy or surgery,
2. are undergoing or would like to undergo hormone therapy without surgery, and
3. have had or wish to have gender reassignment surgery.
In all cases the DOD might need to consider administrative questions regarding, for example, the type of uniform

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worn, the gender listed on the individual's military I.D., and duty and berthing assignments. If the individual is
undergoing hormone therapy, another consideration might be the physical fitness testing and standards that apply
(currently these vary by gender). In cases where medical treatments are required, the DOD might need to review
military health insurance (TRICARE) benefits that currently do not cover treatments or surgery related to
transsexualism or gender dysphoria.
Is the DOD Considering Policy Changes?
While some in the military have expressed reservations about any policy changes that would allow transgender
individuals to serve in the military, other senior leaders have signaled openness to the possibility of shifting DOD
policies. In February 2015, during a question and answer session with troops in Kandahar, Afghanistan, Secretary
of Defense Ashton Carter responded to questions about transgender service, saying:
I'm very open-minded about ... what their personal lives and proclivities are, provided they can do what we need
them to do for us. That's the important criteria. Are they going to be excellent service members?
DOD has not initiated a formal review of the transgender service policies. However, the Pentagon has stated that in
February 2015 a routine, periodic review of medical requirements began that is expected to take approximately 12-
18 months.

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