Harvard's recognition of ROTC discriminates against its transgender students

Welcoming ROTC Back Still Conflicts with Harvard's Non-Discrimination Policy

To The President of Harvard University, Drew G. Faust,

I am concerned with your recent announcement regarding the reinstatement of the Reserve Officers Training Corps (ROTC) at Harvard, as this move would directly conflict with Harvard’s non-discrimination policy regarding gender identity. While we applaud the repeal of Don’t Ask Don’t Tell (DADT) as an historical moment for gay, lesbian, and bisexual service members, transgender service members are still explicitly denied from serving openly in US armed forces. Transgender students on Harvard’s campus, by extension of the military’s policies, would thus be prohibited from participating in ROTC.

The military discriminates against transgender people explicitly, i.e. the discrimination is based on military policy and regulation, in the following ways:-
1. A transexual person living as their preferred gender identity for many years after having had sex reassignment surgery, and thus, do not require medical attention related to the transition process, is automatically disqualified from open military service;
2. A person who identifies as transgender who has no intention to transition, either by taking hormones, going through sex reassignment surgery, or both, is automatically disqualified from open military service;
3. A person who identifies as transgender is immediately disqualified for open military service; they are diagnosed with Gender Identity Disorder (GID) and dismissed under the Uniform Code of Military Justice;
4. A transgender person who has served in the military and who is recalled for duty during the transition process is immediately disqualified for continued service;
5. A transgender service member who seeks treatment related to the transition process from civilian health care services can be criminally persecuted;
6. Intersex individuals are automatically disqualified for military service even if being intersex does not compromise their ability to serve.

These are in addition to other forms of discrimination that transgender service members already face when accessing health care services, changing gender markers on forms, and deciding to go through sex reassignment surgery, usually after they have served in the military. Federal law prohibits Veterans Health Administration facilities to pay for sex reassignment surgeries, for example. The U.S. military has a waiver process for individuals who are medically disqualified but who feel that they are medically fit to serve. However, this process has not benefited any transgender individuals from 1996-2000, the years that data was available from the Department of Defense. This is in contrast to countries like Thailand, the Czech Republic, Canada, and the U.K., where transgender individuals are allowed to openly serve in the military.

When you said that the repeal of Don’t Ask Don’t Tell (DADT) “affirms American ideals of equal opportunity and underscores the importance of the right to military service as a fundamental dimension of citizenship,” you did not comment on the fact that that right is still denied to transgender citizens of the United States.

I hope that you will reconsider your statement and decide against welcoming ROTC back on Harvard’s campus on the basis that this move would implicitly support discrimination against Harvard’s transgender students. Continuing to withhold official recognition of ROTC until the military allows Americans of any sex or gender identity to enlist would reaffirm Harvard's commitment to equal opportunity and provide an incentive for the military to develop more inclusive policies.

I appreciate your support for and share your commitment to equal opportunity for all, regardless of sexual orientation or gender identity. Recognition of ROTC on campus at present would in fact compromise on Harvard’s commitment to protect its students against discrimination based on gender identity.

Thank you.

Sincerely,

[Your name]