Sexual orientation and gender identity in the United States military

Until 1993, military policy strictly forbid non-heterosexuals from serving in the military. From 1993, the military used its "Don't ask, don't tell" policy, which only restricted non-heterosexuals from serving if they were open about their sexual orientation.[2] This led to a number of active investigations into members of the services to determine their sexuality and saw several court challenges over privacy rights. The "Don't ask, don't tell" policy was repealed in September 2011, allowing homosexuals and bisexuals to serve openly in the armed forces.[2] Marriage and partner benefits remained in question until after the Supreme Court ruled in United States v. Windsor (2013) that the military must offer similar benefits to these relationships as they do to heterosexual ones.[3] Since 2013, the military gives fully equal treatment legally to their partners and families.

From the creation of the United States military to 1960, there was no ban on transgender people from serving or enlisting the United States military. From 1960 to June 30, 2016, there was a blanket ban on all transgender people from serving and enlisting in the United States military; this ended on January 1, 2018, when transgender individuals in the United States military were allowed to serve in their identified or assigned gender upon completing transition.

From January 1, 2018, to April 11, 2019, transgender individuals could enlist in the United States military under the condition of being stable for 18 months in their identified or assigned gender. Under the 2020 version of DoD Instruction, 1300.28,[4] transgender personnel in the United States military could only serve in their original sex assignment, unless they had been grandfathered in prior to April 12, 2019, or were given a waiver. This Memorandum, originally scheduled to expire on March 12, 2020, was extended until September 12, 2020.[5][6] Before the Memorandum expired, it was replaced by a reissued version of DoD Instruction 1300.28, entitled "Military Service by Transgender Persons and Persons with Gender Dysphoria", which took effect on September 4, 2020.

On January 25, 2021, U.S. President Joe Biden issued an executive order to revoke the bans on transgender individuals. Despite not requiring the U.S. Department of Homeland Security and U.S. Department of Defense to immediately issue orders completely lifting the transgender bans, such orders were required after both the U.S. Secretary of Defense and the U.S. Secretary of Homeland Security held consultation with the Joint Chiefs of Staff.[7]

The accepting of intersex people in the United States Armed Forces seems to vary depending on the nature of the condition for individual people.[8] Publications by the United States National Center for Biotechnology Information recommends that intersex individuals be allowed to serve in the armed forces, but not combat units.[9] The Veterans Health Administration distinguishes between surgeries for transgender individuals and intersex persons. In 2015 this allowed intersex persons to receive medically necessary treatment that was prohibited for trans people at the time.[10][11] The Civil Air Patrol and Coast Guard Auxiliary accept all intersex persons.[12]

In 2012 transvestism was included in a list of conditions which disqualified individuals for service under the Department of Defense Instruction 6130.03.[13] The ban dates back to 1961.[14] The repeal of Don't ask, don't tell did not allow cross-dressers to serve openly in the armed forces.[15][16] Since cross-dressing is sometimes conflated with attempts by transgender people to transition, there have been instances of people being discharged for cross-dressing or rejected from service altogether when trying to enlist due to past cross-dressing.[17][18] As of 2021, transvestism is still grounds for discharge, or denial of service in the US Military.[19]

In 2013 it was revealed that Mike Rosebush, who then oversaw the “Character and Leadership” coaching program of the Air Force Academy, had previously worked as an ex-gay therapist, and as the vice president of the ex-gay-therapy-supporting Focus on the Family Institute.[20]

In 2016 Eric Fanning became the 22nd Secretary of the Army, making him the first openly gay head of any service in the U.S. military.[21][22]

In 1994, the United States Coast Guard issued a memo by Commandant Thomas Fisher public which barred anti-gay discrimination against the service's civilian employees while uniformed personnel were still subject to discharge under "don't ask, don't tell".[23][24][25][26][27]

In 2013 the U.S. Marines announced that clubs conducting business on base must admit same-sex spouses.[28]

The Newport sex scandal arose from a 1919 investigation by the United States Navy into homosexual acts by Navy personnel and civilians in Newport, Rhode Island.[29] The investigation was noted for its controversial methods of intelligence gathering, specifically its use of enlisted personnel to investigate alleged homosexuals by engaging them sexually. A subsequent military trial ended with the court-martial of 17 sailors charged with sodomy and "scandalous conduct."[29] Most were sent to the naval prison at the Portsmouth Naval Shipyard in Maine. Two more were dishonorably discharged and two others were found innocent with no further action. There was national news coverage of the scandal and a congressional investigation, which concluded with Secretary of the Navy Josephus Daniels and Assistant Secretary of the Navy (and future United States president) Franklin D. Roosevelt being formally rebuked by a Congressional committee.

The USNS Harvey Milk was officially named at a ceremony in San Francisco on 16 August 2016.[30] It is the first U.S. Navy ship named for an openly gay leader (Harvey Milk, who served as a diving officer in the Navy from 1951 to 1955.)[31][32]

In 2023, the Military Religious Freedom Foundation shared a video of Secretary of the Navy Carlos Del Toro making homophobic comments during a townhall meeting. When asked about combating homophobia in the navy, Del Toro promoted homosexuality as being a "choice".[33]