Biden backs down on the ban on transgender people serving in the military: what does that mean?

WASHINGTON, DC - January 21: US President Joe Biden signs executive orders as Vice President Kamala Harris looks at an event in the White House dining room on January 21, 2021 in Washington, DC.  President Biden has made statements about his administration's response to COVID-19, and has signed executive orders and other presidential actions.  (Photo by Alex Wong / Getty Images)

In a recent executive order, President Joe Biden rescinded the military ban on transgender people imposed by former President Donald Trump in his preferred method of communication, via a tweet.

this request It reinstates the Obama era policy that allowed transgender people to openly serve in the military. The order text reads:

“It should be US policy to ensure that all transgender individuals who wish to serve in the United States Army and can meet appropriate standards must be able to do so openly and free of discrimination.”

Previous ban on transgender service members

In the Previous base Which came into effect in 2019, Trump has banned individuals diagnosed with a gender identity defect from service, with some exceptions. She added that people without such a diagnosis could only serve “if they do so according to the gender they were assigned at birth.”

And while the abolished base allowed already serving personnel to continue serving, the new recruits were unable to join.

This rule was challenged several times and made its way to the Supreme Court. In decision 5-4 in two judgments in Trump vs. Karnowski And the Trump v. StockmanAnd the The Supreme Court allowed Trump’s policy to continue. In its ruling, the Supreme Court allowed the policy to come into effect until the pending litigation in the lower courts was completed.

President Biden cancels the ban

“Members of the transgender service will not be subject to possible dismissal or separation on the basis of their gender identity,” Biden said in a statement. In light of this, an executive order signed earlier this week allows transgender people to openly permit to serve in the military. Specifically, it is:

  • Cancels Trump’s orders barring transgender people from serving in the military
  • It is prohibited to demobilize or refuse to re-enlist members of the army on the grounds of their sexual identity
  • Orders the correction of records (from shameful discharge to honor) of people who were dismissed from service because of their gender identity
  • The Ministers of Defense and Homeland Security direct the President to be briefed within 60 days of implementation progress

While the executive order is a big step toward ensuring that transgender people are welcome into the military, some experts argue that it may not be enough. Advocates such as Rep. Jackie Speer, D-California, who chairs the House Military Personnel Subcommittee, argue That unless Congress passes legislation, there will always be a chance that the next administration can tip the current policy.

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