Biden, lawmakers highlight inclusion of LGBTQ service members and Veterans

As June’s Pride month kicked off, the Biden Administration and lawmakers in Congress highlighted efforts to be more inclusive of lesbian, gay, bisexual, transgender and queer persons in the military and Veteran communities, addressing years of past discrimination and countering new restrictions of LGBTQ rights.

Department of Defense (DOD) Press Secretary John F. Kirby, speaking to reporters earlier this month, honored the “the service, commitment, and sacrifice of our LGBTQ personnel in and out of uniform.”

He said that one of Lloyd J. Austin III’s first actions as defense secretary was implementing President Joe Biden’s Jan. 25, 2021, executive order to ensure that eligible transgender persons can serve in the military openly and free from discrimination. Biden’s order also provided a path for service members to access gender-affirming medical care.

Kirby added that the DOD under Austin’s leadership is taking “concerted action” to promote and protect LGBTQ human rights around the globe.

Responding to a reporter’s question, Kirby defended diversity and inclusion in the U.S. military from recent political attacks. Texas Rep. Dan Crenshaw and Arkansas Sen. Tom Cotton, both Republicans, have labeled such efforts “woke ideology.”

Kirby said protecting the nation requires attracting talented volunteers to serve on — and service — aircrafts, crews and warships, and he said DOD leaders make “no apologies” for ensuring an inclusive workplace.

“If you (meet) the standards and you’re qualified to be in the military,” he said, “we want you to be able to do it free of hate and fear and discrimination.”

Inclusion is a work in progress

For the roughly 16% of active female service members and 5% of male service members who identified in a 2018 DOD survey as lesbian, gay, bisexual or some other sexual orientation, Kirby conceded these efforts are a work in progress. Indicators across several areas bear this out, both for LGBTQ personnel serving now and the estimated 1 million LGBTQ Veterans.

Military sexual assault: For instance, a RAND report released June 1, 2021, found that active duty service members who identify as lesbian, gay or bisexual or who did not identify as heterosexual are sexually assaulted at disproportionate rates. Yet DOD rarely examines this issue, the report said.

RAND researchers analyzed 2016 and 2018 data from workplace and gender relations surveys of active duty members. The data showed that lesbian, gay, bisexual or nonidentifying-as-heterosexual service members represented 12% of the active population. However, they were 44% and 43% of all sexually assaulted service members in 2016 and 2018, respectively. (The survey doesn’t ask about transgender identification at all.)

“These statistics demonstrate that assaults on the minority of service members who do not describe themselves as heterosexual constitute almost half of all service members who were sexually assaulted in each of these years,” the authors said in the report. “However, we have seen little focus on sexual assaults against LGB service members in DoD prevention materials, research, or public discussion of sexual assault in the military.”

The report recommended DOD improve data collection to understand sexual assault of LGB service members and develop more inclusive sexual assault prevention strategies and materials.

Compensation and benefits: LGBTQ advocates have long argued that policies such as “don’t ask, don’t tell,” in place from 1994-2011, and the recently reversed Trans Military Ban resulted in many harms, including the wrongful discharge from the military and denial of benefits from the U.S. Department of Veterans Affairs (VA).

A commission is needed to study the historic and ongoing impacts of discrimination against LGBTQ service members and Veterans, argued Rep. Mark Takano, the California Democrat who chairs the House Committee on Veterans’ Affairs. He introduced legislation to establish a panel that would hear testimony from service members and Veterans and their families, advocacy organizations and government agencies and issue remedial recommendations.

“Establishing this commission would help Americans understand the effects of anti-LGBTQ military policies, provide a path forward to rectify the injustices, and help create a welcoming culture for LGBTQ servicemembers and Veterans in the military and at VA,” Takano said.

In February, VA announced a wide-ranging review of services provided to LGBTQ Veterans and employees to ensure equity in delivery of medical and gender-affirmation care and procedures. In announcing this policy review, officials reminded LGBT Veterans that care coordinators are present at every VA facility. They can provide LGBT Veterans with access to primary care services, including hormone treatment and HIV prevention services such as PrEP.

Transgender health care: Another bill introduced in the House would prevent DOD from stationing service members who have transgender dependents in states or countries that prohibit or deny them gender-affirming health care and treatment, according to a statement by Rep. Jimmy Panetta, Democrat of California, lead sponsor of the legislation. At the state level, more than 20 new anti-LGBTQ laws have passed this year, many aimed at transgender people, according to the Human Rights Campaign.

Learn more

Biden’s Pride Month proclamation: https://rly.pt/352sgKp

DOD’s policy on military service by transgender persons: https://rly.pt/2TH9LZq

List of VA programs for Veterans who are LGBTQ: https://www.va.gov/initiatives/recognizing-lgbtq-veterans-during-pride-month.

Panetta’s news release: https://panetta.house.gov/media/press-releases/congressman-panetta-introduces-legislation-protect-transgender-military.

Pentagon press briefing transcript from June 1: https://rly.pt/2T6FRgY

RAND’s Sexual Assault of Sexual Minorities in the U.S. Military: https://www.rand.org/pubs/research_reports/RRA1390-1.html.

Takano’s news release: https://rly.pt/355Wqw5