User:P.salas95/Sexual orientation and gender identity in military service

 Introduction 

Sexual orientation in the military has been an issue dating back to the eighteenth and nineteenth century when military personnel would be discharged for being Lesbian, Bisexual, gay or queer. In 1993 Congress passed "Don't ask, Don't tell" which allowed military personnel to serve in the military as long as they don't reveal their sexual orientation which lasted until 2011. An issue that has increased over time is allowing transgender personnel to serve in the military.

 History 

Before the bans on transgender personnel women would disguise as men to serve in the military. It was noted more than 400 women passed as men. The first ban came about in 1960 with the Executive Order 10450 which banned lesbians, gay and anyone who identified as LGBTQ from working with the federal government. A few years later in 1963 if an individual had gender issues they were also banned due to being mentally unfit. The ban came to an end in 2016 when Secretary Carter ends the transgender ban to military personnel. However in July of 2017 President Trump made an announcement on Twitter that transgender personnel are completely banned from serving in the military "in any capacity". A directive was signed by David Norquist in 2019 for President Trump's policy to become effective in 30 days.

 Court Challenges 


 * McVeigh v. Cohen was a lawsuit in 1998 which a Navy personnel name Timothy R. McVeigh challenged the policy of "Don't ask, Don’t tell". The challenge came about when McVeigh had sent messages through an AOL account with his marital status listed as gay. This then reached Navy authorities and confirmed the AOL account in fact belonged to McVeigh. A settlement was done which included McVeigh retiring with the rank of Master Chief Petty Officer and full benefits. However the Navy did not admit to wrongdoing's and did not pursue an appeal.
 * Witt v. Department of the Air Force was a lawsuit concerning Margaret Witt. Witt was in a relationship with a women but did not disclose with it with anyone. In 2004 the husband of a women Witt had been dating informed the Air Force she was in relations with another women. She filed a lawsuit in 2006 and later that year the military recommend she be honorably discharged. In 2011 the Air Force dropped an an appeal and removed Witts discharge from her file, also giving her the opportunity to retire with full benefits.

 Public Opinion 

There have been many opinions on wether transgender and people of the LGBTQ community should be allowed to serve in the military. Some organizations fighting against the ban include:


 * Transgender Legal Defense and Education Fund
 * Silvia Rivera Law Project