(NewsInsights.org) – The Department of Defense ended its ban on transgender, gay, and bisexual members openly serving in the military in June 2016 under former President Barack Obama. In April 2019, former President Donald Trump effectively reversed that policy. President Joe Biden issued an Executive Order in January 2021, enabling “all qualified Americans to serve” in the armed forces.
While active-duty transgender service members now receive gender-affirming care, including surgical procedures when necessary, transgender veterans are suing the Veterans Affairs (VA) Department, seeking gender-confirmation surgery as a life-saving medical measure. Eighteen states’ attorneys general (AGs) have filed an amicus brief supporting those veterans.
The Transgender American Veterans Association (TAVA) first began petitioning the VA in 2016 but renewed efforts in 2021. However, the advocates say the agency has repeatedly recycled the same non-committal rhetoric, saying it plans to provide gender-confirming surgery at some point but remaining vague regarding the actual timing.
Currently, active-duty transgender troops receive gender-affirming care, including hair removal, voice training, hormone therapy, fertility preservation, and surgery. Yet, veterans can receive all those gender-affirming treatments except surgery. Currently, veterans seeking gender-affirming surgical procedures must acquire private health insurance or pay for procedures out-of-pocket.
In its suit, TAVA pointed out that transgender veterans are 20 times more likely to commit suicide than the average veteran, who is already at a 57.3% higher risk than a non-veteran, according to VA statistics. A 2021 study found that gender-affirming surgery can reduce suicidal ideation by as much as 44% in those experiencing severe gender dysphoria. TAVA argues the statistics make such procedures life-saving by definition.
Robert Ferguson, Washington’s AG, penned the amicus brief with the assistance of Marsha Chien, Washington’s Deputy Solicitor General. The AGs of California, Michigan, Colorado, Minnesota, Connecticut, New Jersey, Delaware, New York, Hawaii, Nevada, Oregon, and the District of Columbia also signed the 36-page brief.
Among other points, the states argued that the VA’s failure to provide adequate care often shifts the burden to the undersigned amici states. California AG Rob Bonta issued a press release about the amicus brief and his ongoing efforts to secure gender-affirming care for constituents.
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