How The Military Deals With Us

By Bridget Wilson

(Note: This article was a response to a query about military justice and TGs)


Transexualism is dealt with in two distinct approaches in the U.S. armed forces. First, it is lumped into a category that is used to separate persons for "sexual perversion" and includes simple cross-dressing. Cross-dressing may be criminalized, at least if it is not in the bedroom under "conduct unbecoming and officer and a gentleman" provisions of the Uniform Code of Military Justice [UCMJ], the code of military criminal law. Generally, however, transexuals come to the attention of authorities as cross-dressers or homosexuals. They may be processed under either set of regulations, depending on the circumstance, or for that matter the stupidity of the convening authorities. As is true of much of the population, U.S. military authorities often have difficulty in distinguishing between sexual orientations and gender identity.

The regulations on homosexuality are occasionally invoked to discharge persons who marry or attempt to marry a member of the same sex, as determined by the external genitalia of the parties. That has been applied as meaning pre-op ts's. I do believe that with regard to FTM's that there could be some argument that the hypertrophied clitoris has become a penis, and that the diminished penis and testicles of MTF's are no longer functioning male genitalia. Unfortunately, the U.S. miitary also has a regulation which provides for the separation of persons with "mutilated" genitals. [I would argue that the pursuit of SRS is in no manner "mutilation" but legitimate treatment of a medical disorder. [Yes, I know there are some political problems with the disorder approach, but..you can't have it all.]

I would assemble a series of medical affidavits from appropriate medical experts about the medical nature of TS/TG &/or GID. I might also attempt to find if my client has any identifiable chemical, genetic or anatomical characteristics that confirm some biological hermaphrodism. American law is extremely hostile to ts's but has some room to plead with regard to those who are determined to be hermaphrodites.

Psychologists and psychiatrists can be helpful to point out that TG's are not "crazy" or unstable. They are merely different. I would provide some exposition about the confusing and uncertain biology of male/female in significant numbers of persons. I would present a statistical analysis of how many intersexed persons are born each year and the likelihood that those persons exist quietly in any social milieu, including the military.

I would present detailed evaluations of my client and her psychology and her capabilities. I would present profiles of other high functioning Ts's. I suggest you look into any of the books by John Money, MD and his successors.


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