The United States - Department of Defense Directive-type Memorandum (DTM)-19-004 - Military Service by Transgender Persons and Persons with Gender Dysphoria dated March 12, 2019 - Equality Now
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The United States - Department of Defense Directive-type Memorandum (DTM)-19-004 - Military Service by Transgender Persons and Persons with Gender Dysphoria dated March 12, 2019

  • Country: United States of America
  • Law status: Discriminatory law in force
  • Law Type: Employment

Sex discrimination in economic status laws restricts people from being economically independent, limiting access to inheritance and property ownership as well as to employment opportunities, thereby reinforcing gender stereotypes and roles.

The Law:

The United States’ Department of Defense Directive-type Memorandum (DTM)-19-004 - Military Service by Transgender Persons and Persons with Gender Dysphoria dated March 12, 2019 bans transgender persons from serving in the military. This exclusionary law discriminates against transgender persons, excludes them from employment opportunities within the military and stigmatizes their very identity.

Policy: …. Service members who access in their preferred gender or received a diagnosis of gender dysphoria from, or had such diagnosis confirmed by, a military DTM-19-004, March 12, 2019 3 medical provider before the effective date of this DTM will be allowed to continue serving in the military pursuant to the policies and procedures in effect before the effective date of this DTM.

Attachment 3 - Procedures: Section II: b. Appointment, Enlistment, or Induction into the Military Services. Individuals who are not exempt will be accessed or commissioned based on the following medical standards, provided they are medically qualified in all other respects in accordance with DoDI 6130.03: (1) A history or diagnosis of gender dysphoria is disqualifying unless: (a) As certified by a licensed mental health provider, the applicant demonstrates 36 consecutive months of stability in the applicant’s biological sex immediately preceding submission of the application without clinically significant distress or impairment in social, occupational, or other important areas of functioning; and (b) The applicant demonstrates that the applicant has not transitioned to his or her preferred gender and a licensed medical provider has determined that gender transition is not medically necessary to protect the health of the individual; and (c) The applicant is willing and able to adhere to all applicable standards, including the standards associated with the applicant’s biological sex. (2) A history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery is disqualifying.

Note: Although Section 1 of the 14th Amendment to the United States Constitution theoretically provides every person “equal protection of the laws,” the U.S. Constitution does not explicitly prohibit discrimination on the basis of sex. The Equal Rights Amendment (ERA), which prohibits the denial of equality of rights under the law on account of sex was passed by the United States Congress in 1972. In January 2020, Virginia became the 38th state to ratify the amendment, a pivotal number because 38 states are needed to pass the amendment in order to reach the three-quarters threshold required by Article 5 of the U.S. Constitution.

Learn more about the ERA here

Link to full law

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