DADT Repeal filter: How would the repeal of DADT affect the T in LGBT?
December 19, 2010 8:05 AM   Subscribe

DADT Repeal filter: How would the repeal of DADT affect the T in LGBT?

As you may have noticed, it looks like DADT repeal will be enacted shortly, once President Obama signs it. It was covered over in the blue today ( This has a personal effect on me, as I just got done with my time in USMC, and the T applies to me (more specifically, the CD subset of T, though I wouldn’t much mind being completely T - I damn near saved my deployment money to get the ball rolling on a sex change when I got out. Too bad I had to get a car instead, although it would have been hilariously awkward if I showed up to an IRR muster as a M2F pre or post-op).

I’ve read through what SLDN has to say, that the DADT never strictly applied to transgender, but however any such behavior would likely be considered homosexual conduct and thus grounds for getting kicked out. If I’m reading that wrong, it’s my fault and mine alone, by the way.

I’ve also read a somewhat related previous thread on Ask MeFi, found here -

I’m well aware that the culture won’t change overnight such that every grizzled veteran will have one of those LGBT Ally signs on their office doors by January 2011. I’m also well aware that the first legal openly LGBT personnel may very well get hazed mercilessly. That’s a big part of why I got out. If that makes me a coward, so be it. I just didn’t want to have to hide who I am any more.

In case anyone asks, yes I knew before I enlisted that I was a crossdresser. Hell, I've known that ever since 7th grade (age 12 for non-USians - I'm currently 29). I was aware of the military's attitude to LGBT people prior to enlisting, and chose to enlist anyways. Even though I had to temporarily hide part of who I am, I'm still glad I served, because of the good and positive experiences I had while in.

My questions are as follows – would this DADT repeal apply retroactively to those LGBT personnel currently serving? Had I stayed in, could I have legally outed myself upon passage of this DADT repeal? How does it affect those of us (myself included) that are currently in the IRR? Are Guard & Reserves affected differently than Active Duty under the DADT repeal? Would this affect pending cases of people getting kicked out under DADT? Would this affect those recently kicked out under DADT?

Throwaway email –

In case it's not obvious, I'm asking anonymously because until Obama signs that into law, I could get into massive amounts of trouble if my chain of command knew about what I do in my spare time.
posted by anonymous to Law & Government (4 answers total) 4 users marked this as a favorite
Wouldn't DADT refer to homosexual conduct, rather than gender identity?
posted by schroedinger at 9:10 AM on December 19, 2010

Er, saw you mentioned that. That would be weird if they equated someone's gender expression with homosexuality.
posted by schroedinger at 9:11 AM on December 19, 2010

DADT does not have any affect on the ability of trans soldiers to serve in the military. See here for more info. As is, it's illegal for transgendered individuals to serve in the military because they are deemed "medically unfit" due to the diagnosis of gender identity disorder or if you have genital surgery. That said, as you currently identify as a cross dresser, I'm not sure to what extent that would apply to you. Though, the site where I got this information from mentioned that one could be court martialed for cross dressing, so you're not really in great shape there either.

Looking on the bright side though, many trans service members have been discharged under DADT in the past for acting in either feminine or masculine ways that didn't "match" the presumed sex (because many don't know the difference between gender identity and sexual orientation), and this should diminish to some extent.

But essentially, no, it's not safe for you to come out as cross dresser or transgendered. Hopefully LGBT organizations will work on getting this reformed next.
posted by kylej at 10:14 AM on December 19, 2010 [1 favorite]

I don't think anyone really knows yet how this is going to develop. Also, it's going to take a while.
posted by Chocolate Pickle at 11:58 AM on December 19, 2010

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