It’s been over a decade since lesbian, gay, and bisexual service members could serve openly, and two years for transgender service members (in addition to a brief period during the Obama administration). Despite making huge strides and gaining important rights, some issues still persist for LGBTQ+ service members and their families, many of which pose financial challenges. Here’s a look at the discriminatory barriers the community has overcome—and some they’re still fighting.
Key Takeaways
- Service members who were forced to leave service under "don't ask, don't tell" were set back financially—they lost short-term income and benefits, but also long-term security such as retirement and veterans' medical care.
- As of now, the military's health insurance only covers assisted reproductive services if “medically necessary and combined with coital conception.”
- Prior to 2013, any same-sex couple—military or not—missed out on years of potential tax breaks and financial benefits, including 澳洲幸运5官方开奖结果体彩网:retirement, burial, and GI Bill benefits.
Historic Barriers
Though policies changed over time, for the most part, LGBTQ+ people were banned from serving in the U.S. military until 1993. That year, the federal “don’t ask, don’t tell” (DADT) policy went into effect.
'Don't ask, don't tell'
DADT permitted gay, lesbian, and bisexual people to serve. The trade-off: They had to serve in sile༒nce and, if their identities were discovered, they could be discharged.
Congress repealed DADT in 2011, allowing open LGB service, and when the Defense of Marriage Act was struck down in 2013, the military started extending spousal and family benefits to same-sex married couples. But many states didn’t permit same-sex marriage until the 2015 Supreme Court decision that expanded it nationwide.
The conflicting state and federal laws left gaps in protection. For example, a couple who married in a state that adopted same-sex marriage early—such as New York, in 2011—wouldn't receive federal recognition and benefits until the military started extending benefits in 2013.
Plus, many states still didn't recognize same-sex marriage until 2015, which created confusion for couples stationed in those states. They would have to wed in another state that allowed it in order to get the military to recognize the marriage, but with conflicting laws and policies, this didn't always go smoothly. These issues left some families in limbo for years, without military or governmental benefits, such as spousal moving or living expenses, health insurance, life insurance, or tax breaks.Additionally, the spouses of LGBTQ+ service members who retired before marriage equality still do not have access to military retirement and burial benefits, says Jennifer Dane, an LGBTQ+ Air Force veteran who served under DADT and former executive director of the Modern Military Association of America (MMAA).
During the 17 years DADT was in place, it is estimated that more than 14,000 troops were discharged for sexual orientation, according to the Center for American Progress. The think tank estimates an additional 4,000 chose not to reenlist each year due to the discriminatory policy.
These numbers don’t tell the whole story, Dane says. “These facts and figures do not include those who were kicked out under other types of discharges such as administrative, bad conduct, character unbecoming, and many others,” she explains. “It also doesn’t highlight the fact that service members were also hon🌼orably discharged, but marked with the scarlet letter of ‘homosexual conduct’ under their reenlistment code, nullifying any future service. Th♊ey may have retained their military benefits, but it tainted their lives and livelihoods forever.”
Regardless of the type of discharge, service members who were forced to leave the military under DADT were set back financially—as a result of losing short-term income and benefits as well as long-term security like retirement and veterans' medical care. Additionally, those who were dishonorably discharged lost access to jobs, free veterans programs, and scholarships that require honorable discharges, Dane explains. Organizations such as her prior employer, MMAA, offer free legal services to help those discharged under DADT restore their records.
Transgender service members
Transgender service members have faced a different battle. They were not included in DADT and remained prohibited from serving until 2016, when the Obama administration lifted the trans service ban. The Trump administration put it back in place soon after, and it was again repealed in early 2021 by the Biden administration.
Trans troops who were discharged or forced to separate due to the two bans were exposed to similar loss of financial stability and benefits such as healthcare, which also impacted their family members. The policies were created via presidential executive order rather than Congressional legislation, hence the pingponging. That also means a future ban could be implemented unless legislation is adopted to prevent it. Such legislation has not yet been passed by Congress.
Areas That Still Pose Financial Challenges
Even though same-sex couples can now marry and acc🐼ess the same benefits as heterosexual couples and trans troops can serve openly, some barriers remain in place.
Building a family
For LGBTQ+ people, the process of having or adopting children is 澳洲幸运5官方开奖结果体彩网:notoriously expensive and typically not covered by Tricare, the military’s health insurance. Even though same-sex couples who are both men aren’t experiencing infertility—they biologically can’t have a child—the military system has no accommodation for that and lumps them into the same framework as heterosexual couples.
Dane notes that even though the VA’s current policy states that it does not discriminate in terms of who can receive fertility benefits, "There are still significant barriers that same-sex couples and folks who are single veterans face." One of those barriers is that if you are not married to a man, you have to provide your own sperm. This policy isn't inclusive for LGBTQ+ families and families who are single and need support.
LGBTQ+ military advocates are working to improve family-building Tricare coverage. But currently, Tricare’s policy only covers assisted reproductive service if “medically necessary and combined with coital conception.” It may pick up the bill for some diagnostic testing, but it specifically doesn’t cover artificial or 澳洲幸运5官方开奖结果体彩网:intrauterine insemination, non-coital reproductive services, or any costs for donors, semen banks, or surrogacy. Some assisted reproductive services are included only if the service member was injured while on active duty.
Due to this gap, some fertility clinics offer military discounts, though the massive out-of-pocket expenses may require financing, such as 澳洲幸运5官方开奖结果体彩网:IVF loans. There are also some . Additional information and resources are available through the or the new .
Caring for LGBTQ+ dependents
With the integration of openly serving LGBTQ+ troops, the military has gradually started offering care for service members in areas such as HIV prevention and hormone therapy. But when it comes to the needs of LGBTQ+ kids and spouses, many military treatment facilities don’t have the experts or training to support their needs. In some cases, they can refer dependents to local providers in the Tricare network, but there may not be any, and they might live in a state that has banned gender-affirming care for youth (although those laws don’t apply to on-base care).
Trans and non-binary military family members diagnosed with gender dysphoria can be enrolled in the Exceptional Family Member Program (EFMP)—a designation for dependents with special needs, from autism to asthma. With EFMP classification, the military makes accommodations to try to station the family at a base and/or area with the right resources. Currently, if a military family with a trans youth is at a base that’s too small or inexperienced to offer gender-affirming care, getting them enrolled in EFMP—or attempting a compassionate reassignment—can help ensure their next duty station will be in a place wꦯith access to gender-affirming care.
In 2021, congressional Democrats introduced the Armed Forces Transgender Dependent Protection Act, which would have brought additional protections to these military families, but the bill never went anywhere. Both MMAA and the trans military advocacy organization SPARTA are actively working to improve access to care for LGBTQ+ dependents.
Facing state-level discrimination
Though federal civil rights protections prevent discrimination on the basis of certain types of identity, such as race or religion, there’s no explicit protection for sexual orientation or gender identity. LGBTQ+ activists have long fought for the passage of the federal Equality Act, which would amend the 1964 Civil Rights Act to include LGBTQ+ rights in all key aspects of life.
Though it passed twice in the House, the Equality Act remains bottlenecked in the Senate. Some cities and counties have passed nondiscrimination laws to protect their LGBTQ+ citizens, but many conservative state legislatures are passing a record number of anti-LGBTQ+ laws that could affect LGBTQ+ military families stationed in those states. These laws restrict everything from adoption to medical care, typically on religious grounds.
In lieu of the Equality Act, the federal government has intervened in piecemeal ways. A 2020 Supreme Court decision 澳洲幸运5官方开奖结果体彩网:prohibited workplace✅ discrimination for LGBTQ+ people, which could make it easier for an LGBTQ+ military spouse to find work in any state. Then, in 2022, the Respect for Marriage Act was signed into law, which affirms that all states and the federal government must recognize same-sex marriages. The catch: If The Supreme Court overturns marriage equality, states can ban same-sex marriage again. This law simply requires that should that happen, even states that ban it must recognize same-sex marriages formed in states that allow it. On the bright side, it codifies in law the right to federal spousal benefits for same-sex couples.
The Biden administration has also implemented several separate policies that ban LGBTQ+ discrimination in housing, medical care, and credit. However, according to the Human Rights Campaign, these create a patchwork of reversible policies. Until the Equality Act is passed and in place, depending on where military families are stationed, they may still encounter various forms of discrimination—some legal, some not. For additional information, the nonprofit American Civil Liberties Union has a primer on LGBTQ+ rights and a hub for reporting illegal discrimination.
Catching up on savings
Though the miliౠtary started providing benefits to same-sex married couples in 2013, many troops couldn’t marry until 2015, when all states adopted marriage 🍎equality. Prior to that, any same-sex couple—military or not—missed out on years of potential tax breaks and financial benefits, including retirement, burial, and GI Bill benefits, Dane says.
Younger service members who joined after DADT and marriage equality may not face as many of these issues. But even as discrimination has become illegal in more areas, it still can—and does—happen. According to a 2022 survey on 澳洲幸运5官方开奖结果体彩网:LGBTQ+ finances by U.S. Bank, the LGBTQ+ community faces higher levels of poverty, homelessness, and overall financial stress than the general population. The survey found that 42% of LGBTQ+ people felt extreme or moderate stress from experiencing discrimination with financial services. Additionally, 60% of LGBTQ+ people aren't having the children they want due to lack of money. Other surveys in recent years have found that the LGBTQ+ community has lower salaries and less in retirement savings than the general population.
This means it’s crucial for LGBTQ+ military families to focus on financial health, from creating a budget to 澳洲幸运5官方开奖结果体彩网:focusing on retirement savings. If family-building is in your future, it’s wise to start saving for it well in advance. Many bases offer free financial counseling, but you could also 澳洲幸运5官方开奖结果体彩网:hire a financ🍬ial planner in the LGBTQ+ community who’s well ver🦂sed in navigating common chall💟enges.
Amid ever-changing lawsไ and policies, it’s also smart to hire a lawyer to create wills and other estate planning documents to add an extra level of protection for your family. This is especially crucial if you have children because same-sex and second-parent adoption laws vary and are at times barred, depending on the state.
How Many LGBTQ+ Veterans Are There?
There are an estimated one million lesbian, gay, bisexual, and transgender veterans in the U.S., with California having the largest number of gay and lesbian veterans among the states.
What Financial Issues Impact the LGBTQ+ Community?
Although same-sex couples can marry and have access to the same benefits as heterosexual couples, they still face financial challenges. Data from 2021 and 2022 from the Federal Reserve Board and the Census Bureau Household Pulse Survey reveal that LGBTQ+ adults and couples have fewer savings and investments as well as lower incomes than straight adults and heterosexual couples. They are also less likely to own a home. Bisexual women and transgender adults have the lowest household savings and investments among LGBTQ+ and non-LGBTQ+ people.
How Can Companies Support LGBTQ+ Employees?
According to a 2021 study by the Williams Institute, half of LGBT workers in the U.S. have not come out to their supervisors. In addition, 26% keep their LGBT identity from their co-workers as well. The reason: Employees who had come out at work were three time more likely to report harassment or discrimination at the workplace than those who weren't out to anyone at work.
Employment discrimination based on sexual orientation or transgender status was struck down in 2020 by the U.S. Supreme Court in Bostock v. Clayton County. To begin with, employers can take steps to help LGBTQ+ employees feel welcome and supported by creating a comprehensive LGBTQ+ policy that includes sexual orientation and gender identity as protected statuses. Here are some other steps employers can take:
- Establish formal LGBTQ+ awareness training programs.
- Ensure that employee benefits cover LGBTQ+ employees.
- Implement gender-neutral bathrooms and dress codes.
- Celebrate LGBTQ+ events such as Pride Month.
- Treat LGBTQ+ employees with dignity and respect.
The Bottom Line
The LGBTQ+ military community has made astonishing progress in the past decade, seeing the end of discriminatory policies and the addition of more protections. Though this has offered more financial security for many LGBTQ+ military families, they still face barriers, especially with family-building, dependent care, catching up financially, and navigating worsening state-level discrimination.
There is also still work to be done to include intersex, gꦆender diverse, and nonbinary people within the military, Dane says. Much progress has been made, but the battle for full equality continues.