The legal fight over transgender troops and a proposed Pentagon policy barring many from service is not an issue of civil rights, Army Chief of Staff Gen. Mark Milley said on Thursday.
Milley told a Senate committee that soldiers voluntarily give up some civil rights when they enlist and that instead the transgender debate should be focused on standards that make the Army more effective.
“It is important that this 1 percent who wear this uniform and the clothe of our country, we’re giving up certain civil rights so the other 99 percent can retain their civil rights. We know that, we do it willingly and volunteer to do it,” he said during testimony before the Senate Armed Services Committee. “So, this is not an issue, with respect to transgenders, this is not an issue in my view, this is not a civil rights issue.”
Milley and Army Secretary Mark Esper also testified Thursday that they had no indication that transgender soldiers who are currently in the service are causing any disruption.
Defense Secretary Jim Mattis unveiled a new policy proposal last month that bars transgender people who are diagnosed with gender dysphoria or who have had treatment such as hormone therapy and gender transition surgery from enlisting. Troops with gender dysphoria would be allowed to stay if they do not seek treatment.
“This is an issue of standards and maintaining the deployability and the combat effectiveness and the lethality of the United States Army, and I think I speak for the other service chiefs as well,” Milley said.
The proposed transgender policy is on hold as the Trump administration battles active-duty transgender troops and rights groups in federal district court. Four federal judges have granted temporary injunctions blocking any policy change.
The Pentagon’s 44-page review of existing transgender research that was used to justify rolling back the Obama administration’s policy of open service is drawing increasing criticism from medical groups and Democrats in Congress for its conclusions about treatment of gender dysphoria. The condition is common among transgender people and is characterized by unhappiness or anxiety about a current gender.
The Pentagon determined treatment for the condition is unproven, but Sen. Kirsten Gillibrand, D-N.Y., said that is a “drastically different” than the conclusions of medical experts.
“Transgender soldiers have now seen the department’s recommendations and are on notice if the policy is implemented they will get kicked out for seeking care or treatment for their gender dysphoria,” Gillibrand said. “I’m worried that this uncertainty will have a negative impact on these individuals, but also on their units and that fear of these recommendations will stop these soldiers from seeking care.”
The American Psychiatric Association and American Psychological Association have called the Pentagon’s proposed transgender policy discriminating. The American Medical Association also opposes the policy and wrote a letter to Mattis questioning the scientific basis.
Gillibrand questioned Milley and Esper about whether they have been notified of any issues with transgender soldiers who are currently serving.
“No, I received precisely ‘zero’ reports of issues of cohesion, discipline, morale, and all those sorts of things,” Milley said.
Esper said “nothing has percolated up to my level.”
For now, the Army is still operating under the Obama-era policy that allows transgender people to serve openly, enlist, and seek treatment, Esper said.
“We continue to treat every soldier, transgender and not, with dignity and respect, and ensure that they are well trained and well equipped for whatever future fights,” Esper said.
