Democrats push for commission investigating anti-LGBTQ+ military policies

On the first anniversary of Donald Trump’s executive order announcing his renewed ban on transgender people in the military, Democrats in Congress Tuesday reintroduced a bill to establish a commission to investigate the impact of discriminatory policies on LGBTQ+ service members and veterans.

The Commission on Equity and Reconciliation in the Uniformed Services Act was introduced by U.S. Reps. Mark Takano and Sara Jacobs in the House and U.S. Sen. Richard Blumenthal in the Senate.

Approximately 114,000 service members were discharged on the basis of their sexual orientation between World War II and 2011 — under “don’t ask, don’t tell” and the even stricter policy that preceded it — while an estimated 870,000 LGBTQ service members have been impacted by hostility, harassment, assault, and law enforcement targeting due to the military policies in place, says a press release from the legislators.

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Veterans who were discharged on discriminatory grounds are often unable to access their benefits, the lawmakers note, adding that under the Trump administration, LGBTQ+ veterans and service members “have been openly persecuted.”

The commission would be appointed by Congress and would be tasked with providing recommendations to Congress for the Department of Defense, the Department of Veterans Affairs, and other agencies to remedy past harms and guarantee equity for current and future LGBTQ+ service members.

It would gather written and oral testimonies from LGBTQ+ service members and veterans; examine the personal, professional, and health-related impacts of discriminatory policies on them and their dependents; and look at disparate impacts on gender-nonconforming people, racial minorities, and women.

Recommendations are to include how the government can offer an apology to those affected, how they can be compensated, how to reverse discriminatory policies, how to expand health care services and other benefits, how to streamline discharge upgrades, and how to commit resources to diversity training at the DOD and VA.

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The commission is modeled after the congressional commission that investigated and secured redress for Japanese Americans interned during World War II, from which Rep. Takano’s family received an official apology and redress payment. That history and model inspired him to craft this bill.

“Qualified service members were hunted down and forced to leave the military at the direction of our government,” Takano said in the press release. “These practices have continued, now with our government targeting transgender service members. The forced separation and dishonorable discharges LGBTQ+ people received must be rectified, benefits fully granted, and dignity restored to those who have protected our freedoms.”

“LGBTQ+ service members have long been the target of dangerous and discriminatory policies — resulting in harassment, involuntary discharge, and barriers to their earned benefits,” Blumenthal said. “Establishing this commission is an important step to understand the full scope of harm and address the damage caused by policies like ‘don’t ask, don’t tell.’ As LGBTQ+ service members and veterans face repugnant and blatant bigotry under the Trump administration, we will keep fighting to secure a more equitable future for all who serve our country in uniform.”

“Instead of righting wrongs and making amends to our LGBTQ+ service members and veterans who’ve suffered injustices for decades, I’m ashamed that the Trump administration has doubled down: kicking trans folks out of the military and banning their enlistment,” Jacobs added. “We know that LGBTQ+ service members and veterans have faced so much ugliness — discrimination, harassment, professional setbacks, and even violence — that has led to unjust discharges and disparities in benefits, but we still don’t have a full picture of all the harm caused. That needs to change.”

The bill is supported by Minority Veterans of America, the Human Rights Campaign, Equality California, SPARTA, and the Transgender Americans Veterans Association.

A one-page summary of the bill is here, and the full text is here.