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Veterans can now identify as transgender, nonbinary on their VA medical records

About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity

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Graphic via U.S. Department of Veterans Affairs

Veterans Affairs Secretary Denis McDonough announced Wednesday that his department added the options of transgender male, transgender female, nonbinary and other, when veterans select their gender, in medical records and healthcare documentation.

“All veterans, all people, have a basic right to be identified as they define themselves,” VA Secretary Denis McDonough said in a statement. “This is essential for their general well-being and overall health. Knowing the gender identity of transgender and gender-diverse veterans helps us better serve them.”

The statement also noted that the change allows health-care providers to better understand and meet the medical needs of their patients. The information also could help providers identify any stigma or discrimination that a veteran has faced that might be affecting their health.

McDonough speaking at a Pride Month event last June at the Orlando VA Healthcare System, emphasized his support for Trans and LGBQ+ vets.

McDonough said that he pledged to overcome a “dark history” of discrimination and take steps to expand access to care for transgender veterans.

With this commitment McDonough said he seeks to allow “transgender vets to go through the full gender confirmation process with VA by their side,” McDonough said. “We’re making these changes not only because they are the right thing to do, but because they can save lives,” he added.

In a survey of transgender veterans and transgender active-duty service members, transgender veterans reported several mental health diagnoses, including depression (65%), anxiety (41%), PTSD (31%), and substance abuse (16%).  In a study examining VHA patient records from 2000 to 2011 (before the 2011 VHA directive), the rate of suicide-related events among veterans with a gender identity disorder (GID) diagnoses was found to be 20 times higher than that of the general VHA patient population.

McDonough acknowledged the VA research pointing out that in addition to psychological distress, trans veterans also may experience prejudice and stigma. About 80 percent of trans veterans have encountered a hurtful or rejecting experience in the military because of their gender identity.

“LGBTQ+ veterans experience mental illness and suicidal thoughts at far higher rates than those outside their community,” McDonough said. “But they are significantly less likely to seek routine care, largely because they fear discrimination.

“At VA, we’re doing everything in our power to show veterans of all sexual orientations and gender identities that they can talk openly, honestly and comfortably with their health care providers about any issues they may be experiencing,” he added.

All VA facilities have had a local LGBTQ Veteran Care Coordinator responsible for helping those veterans connect to available services since 2016.

“We’re making these changes not only because they are the right thing to do but because they can save lives,” McDonough said. He added that the VA would also change the name of the Veterans Health Administration’s LGBT health program to the LGBTQ+ Health Program to reflect greater inclusiveness.

Much of the push for better access to healthcare and for recognition of the trans community is a result of the polices of President Joe Biden, who reversed the ban on Trans military enacted under former President Trump, expanding protections for transgender students and revived anti-bias safeguards in health care for transgender Americans.

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Federal Government

Department of Education to investigate Nex Benedict’s Okla. school district

Nonbinary student died last month after students assaulted them

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Nex Benedict (Family photo)

On Friday the U.S. Department of Education informed Human Rights Campaign President Kelley Robinson that the department will open an investigation in response to HRC’s letter regarding Owasso Public Schools and its failure to respond appropriately to sex-based harassment that may have contributed to the death of Nex Benedict, a 16-year-old nonbinary teenager of Choctaw heritage. 

This investigation was triggered by a formal complaint made last week by Robinson, who wrote to Education Secretary Miguel Cardona and asked his department to use the enforcement mechanisms at its disposal to prevent similar tragedies from taking place in the future and to help hold accountable those responsible for Benedict’s death.

The letter from the Department of Education reads: “the U.S. Department of Education, Office for Civil Rights (OCR), is opening for investigation the above-referenced complaint that you filed against the Owasso Public Schools (the District.) Your complaint alleges that the District discriminated against students by failing to respond appropriately to sex-based harassment, of which it had notice, at Owasso High School during the 2023-2024 school year,” said Robinson.

“Nex’s family, community and the broader 2SLGBTQI+ (two-spirit, lesbian, gay, bisexual, transgender, queer and intersex+) community in Oklahoma are still awaiting answers following their tragic loss. We appreciate the Department of Education responding to our complaint and opening an investigation — we need them to act urgently so there can be justice for Nex, and so that all students at Owasso High School and every school in Oklahoma can be safe from bullying, harassment and discrimination,” Robinson added.

According to the letter, OCR is opening the following issues for investigation:

  • Whether the District failed to appropriately respond to alleged harassment of students in a manner consistent with the requirements of Title IX.
  • Whether the District failed to appropriately respond to alleged harassment of students in a manner consistent with the requirements of Section 504 and Title II.

HRC sent a second letter to the Department asking it to promptly begin an investigation into the Oklahoma State Department of Education, as well as the current State Superintendent of Public Instruction, Ryan Walters. In addition:

  • Robinson wrote to Attorney General Merrick Garland asking the Department of Justice to begin an investigation into Nex’s death.
  • Robinson wrote to Dr. Margaret Coates, superintendent of the Owasso School District in Oklahoma, calling for the superintendent to take advantage of HRC’s Welcoming Schools program — the most comprehensive bias-based bullying prevention program in the nation to provide LGBTQ and gender inclusive training and resources — and offering to bring experts to the district immediately.

The full text of the letter from the Department of Education in response to HRC can be found here.

The full text of the initial letter from Robinson to Cardona can be found here.

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Federal Government

Schools are the third most popular location for hate crimes, FBI says

Agency previously found anti-LGBTQ incidents increased significantly

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FBI Director Christopher Wray (Screen capture/NBC News)

Statistics released by the Federal Bureau of Investigation on Monday reveal that schools were the third most popular spot for bias-motivated hate crimes that were reported between 2018-2022.

Primary and secondary schools and university campuses accounted for 10 percent of all hate crimes reported in 2022, while the first and second most common locations were homes and residences and highways, roads and alleyways, the FBI said in its report.

Data comes from the agency’s Uniform Crime Reporting program. The FBI’s annual crime report from 2022, which was released in October, found that anti-LGBTQ hate crimes rose precipitously from the previous year.

Specifically, there with a 13.8 percent increase in crimes motivated by the victim’s sexual orientation and a 32.9 percent increase in crimes motivated by the victim’s gender identity.

In the five years covered in the FBI’s report on Monday, anti-LGBTQ crimes were the third most common, behind those perpetrated against Black or African American victims and those targeting those from certain religious groups, most often Jewish people.

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Federal Government

Trans veterans sue the VA for coverage of surgeries

Case filed in the U.S. Court of Appeals for the Federal Circuit

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U.S. Department of Veterans Affairs Secretary Denis McDonough (Screen capture/YouTube)

A group of transgender veterans on Thursday sued the U.S. Department of Veterans Affairs to compel the agency to cover gender affirming surgeries, following verbal assurances that it would begin providing these services.

The lawsuit, filed by the Transgender American Veterans Association, aims to reduce the risk of adverse health outcomes that can result from lack of access to medically necessary healthcare interventions for people with gender dysphoria.

This includes suicides, depression and psychological distress.

In its complaint before the U.S. Court of Appeals for the Federal Circuit in Washington, the group argued gender affirming surgeries are often prohibitively expensive when administered by private doctors.

Veterans Affairs Secretary Denis McDonough in 2021 said the agency was engaged in a rule making process to provide these services to trans veterans such that they can “go through the full gender confirmation process with VA by their side.”

The process, he said, would take a few years to “develop capacity to meet the surgical needs.”

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