Difference between revisions of "SB-2018-19-021: Transgender Individuals in the United States Military"

Latest revision as of 13:54, 11 September 2019

Senate Bill No.: SB-2018-19-021

Date: April 14, 2019

Authored by: Roberto Nieves Cruz, Senator for the College of Science and Mathematics

Referred to: External Affairs

Committee Rec: External Affairs

Senate Action: April 29, 2019 (17-0-0)

Title: Transgender Individuals in the United States Military

1. WHEREAS: The Associated Students California State University Northridge, Inc. (CSUN AS) is the official voice of over 38,000 students at California State University Northridge; AND

2. WHEREAS: CSUN AS is the primary advocate for students at CSUN and provides excellent, meaningful programs and services designed to create and enhance a spirited, learning focused campus environment; AND

3. WHEREAS: CSUN AS is always trying to get more students involved and increase student participation within the many programs and services we offer; AND

4. WHEREAS: The Department of Defense has updated the Transgender policy in 2018, and this policy has been enacted on April 12th 2019, which can affect current and future Transgender service members in the United States Military; AND

5. WHEREAS: The policy focuses on Gender Dysphoria, as a factor that can cause ‘clinically distress and impairment of functioning,” for current and future Transgender service members in the United States Military; AND

6. WHEREAS: The policy includes unclear language to reference Transgender service members sex as Biological Sex, to reference Transgender service members sex assigned at birth, rather than for example: Gender identity, “ to reference how individuals perceive themselves and what they call themselves1”; AND

7. WHEREAS: In the memorandum conversation, (February 2018) between President Donald Trump and former U.S. Secretary of Defense James N. Mattis, the term Biological Sex was used to define the term Transgender as “Transgender is a term describing those persons who gender identity differs from their biological sex2;” therefore alludes to the presumption of the intended misuse language to characterize Transgender service members in the United States Military; AND

8. WHEREAS: The policy includes to extend “Transgender, future applicants with diagnosis or history of gender dysphoria must show stability in their Biological Sex to now 36 months3,” previously being 18 months; AND

9. WHEREAS: The policy statement of “Service members with diagnosis of Gender Dysphoria, unless exempt, may serve in biological sex. If unable or unwilling to serve in biological sex, separation procedures may apply4,” creates an ignorant view towards members in the Transgender community, by using the words “unable or unwilling” as it may implicate transgender members have the capability to serve in their biological sex ; AND

10. WHEREAS: The policy statement of “New applicants, applicants with history of medical Transition Treatment are presumptively disqualified5,” creates an complicated and confusing narrative on the Department of Defense stance on current and future Transgender service members ; AND

11. WHEREAS: Barbara L. McAneny who serves as the current president of the American Medical Association (AMA) which is the largest association of physicians in the United States has put out an official statement which disagrees with the updated Transgender policy as stated in “The AMA has said repeatedly that there is no medically valid reason—including a diagnosis of gender dysphoria—to exclude transgender individuals from military service6;” AND

12. WHEREAS: The American Psychiatric Association (APA), the national medical association representing more than 38,500 psychiatric physicians has also put out an official statement which disagrees with the updated Transgender policy as stated in “This ban perpetuates discrimination and stigma against transgender people. Furthermore, this ban harms the military by depriving the service branches of willing and capable members7;”AND

13. WHEREAS: The Human Rights Campaign (HRC) who “represents a force of more than 3 million members and supporters nationwide and serves as the largest national lesbian, gay, bisexual, transgender and queer civil rights organization8” has also put out an official statement which disagrees with the updated Transgender policy as stated in “The Trump-Pence transgender troop ban is dangerous for both transgender people and our national security, which is why a bipartisan chorus of members of Congress, leading military experts and overwhelming majorities of Americans oppose this despicable policy9;” AND

14. WHEREAS: Speaker of the House of Representatives Nancy Pelosi, has also put out an official statement which disagrees with the updated Transgender policy as stated in “The President’s ban, as I said, is cruel and arbitrary, a decision designed to humiliate the Transgender Americans who are risking and giving their lives for the United States of America10;” AND

15. WHEREAS: The Governor of California Gavin Newsom, has also put out an official statement which disagrees with the updated Transgender policy as stated in “There is NO basis to Trump's claim that the service of patriotic Transgender people impacts our military readiness," Newsom added. "On the contrary, the President today has weakened our military and by doing so, diminished both our security and our standing in the world community11;" AND

16. WHEREAS: Deputy Under Secretary of Defense for Personnel and Readiness Anthony M. Kurta, has put out an official contradicting statement with the updated Transgender policy as stated in “DOD will take no action solely based on gender identity,12” while excluding the policy statement mentioned in Whereas 9 that will prohibit Transgender service members to serve in their gender identity if “unable or unwilling to serve biological sex;” THEREFORE LET IT BE

1. RESOLVED: Based off the excessive amount of credible organizations and individuals statements against the updated (2018) Transgender policy, CSUN Associated Students does not support the updated (2018) Transgender policy implemented in the Department of Defense regulations for current and new applicants who identify as Transgender service members; THEREFORE LET IT BE FURTHER

2. RESOLVED: That CSUN Associated Students strongly encourages the Department of Defense and President Donald Trump Administration to reconsider the updated (2018) Transgender policy language and its added restriction; AND LET IT BE FINALLY

3. RESOLVED : That Copies of this Resolution be distributed widely, including but not limited to the following:

• President Donald Trump
• Secretary of Defense Patrick M. Shanahan
• Chairman of the Joint Chiefs of Staff Marine Corps Gen. Joseph F. Dunford Jr.
• Secretary of Veterans Affairs Robert Wilkie
• Speaker of the House of Representatives Nancy Pelosi
• President of Human Rights Campaign Chad Griffin
• Senator Kamala D. Harris
• Governor of California Gavin Newsom
• Congressman Brad Sherman
• American Medical Association President Barbara L. McAneny
• American Psychiatric Association President Altha J. Stewart
• CSUN President Dianne Harrison
• CSSA President Mia Kagianas
• The Daily Sundial

1. https://www.hrc.org/resources/sexual-orientation-and-gender-identity-terminology-and-definitions
2. https://media.defense.gov/2018/Mar/23/2001894037/-1/-1/0/MILITARY-SERVICE-BY-TRANSGENDER-INDIVIDUALS.PDF
3. https://media.defense.gov/2018/Mar/23/2001894037/-1/-1/0/MILITARY-SERVICE-BY-TRANSGENDER-INDIVIDUALS.PDF
4. https://media.defense.gov/2018/Mar/23/2001894037/-1/-1/0/MILITARY-SERVICE-BY-TRANSGENDER-INDIVIDUALS.PDF
5. https://media.defense.gov/2018/Mar/23/2001894037/-1/-1/0/MILITARY-SERVICE-BY-TRANSGENDER-INDIVIDUALS.PDF
6. https://www.ama-assn.org/press-center/ama-statements/ama-statement-pentagons-ban-transgender-military
7. https://www.psychiatry.org/newsroom/news-releases/apa-concerned-about-transgender-military-ban
8. https://www.hrc.org/hrc-story/about-us
9. https://www.hrc.org/blog/hrc-denounces-transgender-troop-ban-on-eve-of-implemention
10. https://www.speaker.gov/newsroom/32819/
11. https://www.businessinsider.com/california-national-guard-defies-trump-transgender-southern-border-policy-2019-2
12. https://dod.defense.gov/News/Article/Article/1813248/dod-official-updated-transgender-policy-based-on-treating-all-with-dignity/