A lawsuit has been filed challenging Monday’s executive order banning transgender people from serving in the military. One of the plaintiffs is an Army officer, trans woman, and parent—reminding us that the many harms from this ban extend to children and families.
The Lawsuit
Major Vandal would lose access to benefits afforded to military members and their families for herself, her spouse, and her two children.
Army Major Erica Vandal, a 36-year-old trans woman and parent of two children, is one of six active-duty transgender service members and two aspiring service members who sued the Trump administration yesterday over the ban. She is a decorated officer who has served for almost 14 years. If the ban is implemented, the lawsuit (PDF) states, “Major Vandal would lose access to benefits afforded to military members and their families for herself, her spouse, and her two children.” Additionally, her G.I. Bill benefits, which can be used to fund an education or job training, “would be negatively impacted, as would her ability to transfer these benefits to her children.” Vandal would also have to forego any benefits for service members who retire from the military.
The plaintiffs are seeking an injunction to stop the executive order, saying it violates the Equal Protection clause of the U.S. Constitution. They are represented by attorneys Jennifer Levi and Mary Bonauto of GLBTQ Legal Advocates & Defenders (GLAD Law), Shannon Minter of the National Center for Lesbian Rights (NCLR), and Joe Wardenski of Wardenski P.C., all leading experts with years of experience in LGBTQ and civil rights.
Lambda Legal and HRC have also announced their intent to file a lawsuit against the ban.
Harm to Children and Families
The military is country’s largest employer of transgender people, by many estimates. Trans parents like Major Vandal are among those who serve, and many rely on income and benefits from the military to support their families. As Deborah Peace said of her spouse, Army Captain Jennifer Peace, in the 2018 documentary Transmilitary, “I was scared she would get kicked out and she was the breadwinner of the family.” The Peaces have three kids. (Watch Transmilitary in full below.)
You can also read more about the Peace family in this 2017 InStyle profile, and learn about another military family with a trans parent in this 2019 NPR profile of U.S. Air Force Lt. Col. Bree “B” Fram, her spouse Peg, and their two kids.
I have a personal friend, too, who is a transgender man, a parent, and a decorated military officer. He’s now retired, but I know that he contributed much to our country and to his family by serving, and that it would have been a loss to both had he been dismissed for being trans.
Harm to Our Military Readiness
SPARTA Pride, which advocates for actively serving transgender military members, veterans, and their families, reminded us in a statement today of the skills and leadership we have to lose if this ban is implemented (and addressed the executive order’s attempt to make medical care an issue):
Transgender Americans have served openly and honorably in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.
Transgender service members currently fill critical roles in combat arms, aviation, nuclear engineering, law enforcement, and military intelligence, many requiring years of specialized training and expertise. Transgender troops have deployed to combat zones, served in high-stakes missions, and demonstrated their ability to strengthen unit cohesion and morale.
While some transgender troops do have surgery, the recovery time and cost is minimal, and is scheduled so as not to impact deployments or mission readiness (all of which is similar to a non-emergent minor knee surgery). The readiness and physical capabilities of transgender service members is not different from that of other service members.
The Modern Military Association of America added that “73% of transgender service members are Senior Enlisted with 12–21 years of experience. Removing this skilled workforce creates an operational gap that will take at least 20 years to rebuild.”
Army Sergeant First Class Kate Cole, one of the other plaintiffs in the lawsuit, elaborated in a statement, “I’ve spent more than half my life in the Army, including combat in Afghanistan,” said “Removing qualified transgender soldiers like me means an exodus of experienced personnel who fill key positions and can’t be easily replaced, putting the burden on our fellow soldiers left behind. That’s just wrong—and it destabilizes our armed forces.”
Army Captain Gordon Herrero, another plaintiff, agreed, saying, “Separating qualified Soldiers like me will create critical vacancies across the force and could jeopardize the unit cohesion and trust that are vital to our mission.”
Notably, too, all four service chiefs asserted in 2018 (the first time that Trump attempted to ban trans people from service) that they were not aware of any negative effects on the military from having trans service members.
As for the executive order’s dehumanizing and defamatory comments that trans people are inherently untruthful and dishonorable, I would counter that there are few people more committed to living their truth than out trans people. As Captain Peace says in Transmilitary about visiting the Pentagon to help lift the former ban on transgender service members, “It was so empowering to be open [about my trans identity] with these people. And in some form you’ve regained your integrity, because it feels like a lie for so long, and now you’re telling people the truth about who you are.”
Important Viewing
I hope you’ll take the time to watch (or rewatch) Transmilitary, directed by Fiona Dawson and Gabriel Silverman. In addition to Peace, one of the other four trans service members profiled also becomes a parent, as we see towards the end of the film. The documentary is a reminder of the many positive contributions by transgender service members to our armed forces, and what they, their families, and all of us have to lose if they are no longer allowed to serve.
If you are a trans person in the military right now, parent or not, you may also wish to check out Military Trans Rights, a new site of information, resources, and stories from SPARTA Pride.
