Arbitrary and Capricious

October 1, 2014
Diane H. Mazur
Palm Center

An October 2014 report underscored the discriminatory nature of policies concerning transgender personnel. Palm Center Legal Co-Director and retired law professor Diane Mazur identified six inconsistencies distinguishing how military medical policies govern transgender and non-transgender members. Mazur found that: "two different standards can apply to comparable medical care, or even the same medical care, depending on whether the service member is transgender or not." While most military health regulations assess medical risk based on individual evaluation and ability to perform duty, the rules for gender identity wrongly "presume all transgender personnel are unfit and render their duty performance irrelevant." Mazur concludes that unlike medical policies for non-transgender personnel, "military rules governing gender identity are decades out of date."

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