2021年1月25日，华盛顿，乔·拜登总统在白宫椭圆形办公室签署行政命令，撤销了特朗普时代针对跨性别者在军队服役的禁令，国防部长劳埃德·奥斯汀在一旁注视。 (AP Photo/Evan Vucci)
Secretary of Defense Lloyd Austin watches as President Joe Biden signs an Executive Order reversing the Trump era ban on transgender people serving in the military, in the Oval Office of the White House, Jan. 25, 2021, in Washington. (AP Photo/Evan Vucci)
第一款．政策。美国所有有资格加入美国武装部队（Armed Forces of the United States）(“武装部队”)的人员均可从军服役。全志愿部队（All-Volunteer Force）由美国符合军队严格服役标准的多样性人员组成才能威武雄壮，拥有广阔胸怀的军队才能增进我国的安全。
作为武装部队总司令，我坚信性别认同不应成为从军的障碍。此外，大量证据表明，允许跨性别者服役对武装部队不会造成任何实际的负面影响。为此，2016年应国防部（Department of Defense）要求进行的一项详尽、全面的研究认为，允许跨性别者公开身份在美国军队服役对军队的战备和和医疗开支仅有最低限度的影响。这项研究还得出结论，外军跨性别者公开身份服役对行动的有效性或部队的凝聚力没有明显的影响。
上一届政府选择改变上述政策，禁止几乎所有情况下的跨性别者加入武装部队，且在服役期间不得采取步骤更改性别。上一届政府不根据由联邦资助的非党派研究部门进行的综合性研究，却以某项复议工作为依据，结果导致为从军服役设置不必要的障碍的政策。根据我的判断，国防部长2016年的论断仍然有效，且有以下事实为进一步根据。2018年，当时的陆军参谋长（Chief of Staff of the Army）、海军作战部长（Chief of Naval Operations）、海军陆战队司令（Commandant of the Marine Corps）和空军参谋长（Chief of Staff of the Air Force）在国会（Congress）公开作证时均表示，他们没有发现跨性别者公开身份服役导致任何部队凝聚力问题、纪律问题或道德问题。数名曾同为民主与共和党总统服务的前美国医疗总长（Surgeons General）均对此表示同意并于2018年表示，“跨性别军人与共同服役的非`军人均符合医疗方面的要求，在医疗问题上没有可信的理由——包括性别焦虑症的诊断——拒绝他们服役或限制他们接受必要的医疗护理。”
President’s Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform
#PresidentBiden# has repealed the discriminatory ban on transgender people serving in the military, saying in a tweet: “America is safer when everyone qualified to serve can do so openly and with pride.”
In an executive order on January 25, the President said: “It shall be the policy of the United States to ensure that all transgender individuals who wish to serve in the United States military and can meet the appropriate standards shall be able to do so openly and free from discrimination.” See below for more from the order:
Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform
By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. All Americans who are qualified to serve in the Armed Forces of the United States (“Armed Forces”) should be able to serve. The All-Volunteer Force thrives when it is composed of diverse Americans who can meet the rigorous standards for military service, and an inclusive military strengthens our national security.
It is my conviction as Commander in Chief of the Armed Forces that gender identity should not be a bar to military service. Moreover, there is substantial evidence that allowing transgender individuals to serve in the military does not have any meaningful negative impact on the Armed Forces. To that end, in 2016, a meticulous, comprehensive study requested by the Department of Defense found that enabling transgender individuals to serve openly in the United States military would have only a minimal impact on military readiness and healthcare costs. The study also concluded that open transgender service has had no significant impact on operational effectiveness or unit cohesion in foreign militaries.
On the basis of this information, the Secretary of Defense concluded in 2016 that permitting transgender individuals to serve openly in the military was consistent with military readiness and with strength through diversity, such that transgender service members who could meet the required standards and procedures should be permitted to serve openly. The Secretary of Defense also concluded that it was appropriate to create a process that would enable service members to take steps to transition gender while serving.
The previous administration chose to alter that policy to bar transgender persons, in almost all circumstances, from joining the Armed Forces and from being able to take steps to transition gender while serving. Rather than relying on the comprehensive study by a nonpartisan federally funded research center, the previous administration relied on a review that resulted in a policy that set unnecessary barriers to military service. It is my judgment that the Secretary of Defense’s 2016 conclusions remain valid, as further demonstrated by the fact that, in 2018, the then-serving Chief of Staff of the Army, Chief of Naval Operations, Commandant of the Marine Corps, and Chief of Staff of the Air Force all testified publicly to the Congress that they were not aware of any issues of unit cohesion, disciplinary problems, or issues of morale resulting from open transgender service. A group of former United States Surgeons General, who collectively served under Democratic and Republican Presidents, echoed this point, stating in 2018 that “transgender troops are as medically fit as their non‑transgender peers and that there is no medically valid reason — including a diagnosis of gender dysphoria — to exclude them from military service or to limit their access to medically necessary care.”
Therefore, it shall be the policy of the United States to ensure that all transgender individuals who wish to serve in the United States military and can meet the appropriate standards shall be able to do so openly and free from discrimination.
For the full text of the order in English on the White House website, please click here: https://www.whitehouse.gov/briefing-room/presidential-actions/2021/01/25/executive-order-on-enabling-all-qualified-americans-to-serve-their-country-in-uniform/