A 2020 Equal Opportunity law opened the door for commanders to subject someone who
refuses to affirm a transgender servicemember’s so-called gender identity to the Uniform Code of Military Justice (UCMJ) for charges related to harassment, Capt. Thomas Wheatley, an assistant professor at the U.S. Military Academy at West Point said. Such a move would likely infringe on a servicemember’s constitutional rights to uphold their conscience, but it might not prevent leaders from employing more subtle ways of disciplining service members.
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