I'd be happy to explain. Trump's trans ban took the form of a memo that directed the military to promulgate regulations prohibiting trans service AND enlistment.
Biden's order repealed the memo, and *explicitly* repealed regulations prohibiting trans service—but not enlistment.
Biden's order repealed the memo, and *explicitly* repealed regulations prohibiting trans service—but not enlistment.
https://twitter.com/MahanicNick/status/1353792487798812672
Biden's order, as well as the WH's advance summary, explains at length exactly how the military must repeal various regulations restricting transgender *service.* It does not, however, explain how the military must repeal regulations restricting transgender enlistment.
Simply repealing Trump's memo does not automatically repeal the regulations that were implemented in accordance with the memo. That is presumably why Biden also explicitly repealed regulations regarding transgender service. I do not know why he didn't do the same for enlistment.
We might have expected Biden to include language in his EO explicitly clearing away regulations banning trans enlistment, just as he included language explicitly clearing away regulations banning trans service. Again, he did not, a puzzling choice that caused my confusion.
You can read the recent regulations banning transgender enlistment here. s3.amazonaws.com/s3.documentclo…
We would expect Biden to explicitly wipe these out while wiping out regulations banning transgender service. He did not.
We would expect Biden to explicitly wipe these out while wiping out regulations banning transgender service. He did not.
https://twitter.com/poe_ope_/status/1353798109080465409
Instead, we got an executive order that said: "The memo is repealed, the regulations banning transgender service are repealed, and DOD+DHS must give me an update on implementing this order."
Then DOD Sec. Austin immediately said: OK, the enlistment ban is also repealed.
Then DOD Sec. Austin immediately said: OK, the enlistment ban is also repealed.
I am genuinely sorry for the confusion I caused by questioning the scope of the EO on the basis of the WH press release, but the truth is that neither the press release nor the EO is very clear, and we needed Austin's statement to confirm the death of the enlistment ban.
Luckily we can count on civil rights attorneys to ensure that the Biden administration and the Pentagon fully repeal all remaining rules and regulations that discriminate against transgender people in any way.
https://twitter.com/JoshABlock/status/1353778879241084929
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