{"id":78065,"date":"2022-06-09T19:31:17","date_gmt":"2022-06-09T19:31:17","guid":{"rendered":"https:\/\/one.sightlinemg.com\/militarytimes\/uncategorized\/2022\/06\/09\/how-the-army-can-work-around-states-cracking-down-on-abortion-trans-rights\/"},"modified":"2026-08-08T04:01:07","modified_gmt":"2026-08-08T04:01:07","slug":"how-the-army-can-work-around-states-cracking-down-on-abortion-trans-rights","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/militarytimes\/news\/your-military\/2022\/06\/09\/how-the-army-can-work-around-states-cracking-down-on-abortion-trans-rights\/","title":{"rendered":"How the Army can work around states cracking down on abortion, trans rights"},"content":{"rendered":"\n

As states like Texas<\/a>, Oklahoma<\/a> and Alabama<\/a> pass legislation that prohibits transgender children from seeking gender-affirming care, and women from terminating their pregnancies, service members have been looking to their chains of command for solutions.<\/p>\n\n\n\n

While none of the services have explicitly created policies that would address these concerns, the Army made headlines recently<\/a> when its top enlisted soldier told lawmakers that the service was exploring ways to ensure female soldiers would have access<\/a> to safe, legal abortions despite being stationed in states where they are being banned.<\/p>\n\n\n\n

While nothing has made it out of the idea phase, Sergeant Major of the Army Michael Grinston told Army Times that existing Army policies can apply to these situations, as something of a stop-gap while the service figures out what can be done in the long term.<\/p>\n\n\n\n

\u201cIf you have a soldier that\u2019s struggling with an issue, and there\u2019s no guidelines on it, don\u2019t ignore it,\u201d he said during a May 30 interview. \u201cThat\u2019s what it means to be \u2018in my squad.\u2019 “<\/p>\n\n\n\n

For example, soldiers are already able to take leave to get medical care when an on-post facility doesn\u2019t offer it. Commanders, theoretically, already have the authority to grant non-chargeable leave \u2015 meaning it wouldn\u2019t come out of vacation time \u2015 so their troops can leave the state to secure a legal abortion.<\/p>\n\n\n\n

While military treatment centers aren\u2019t subject to state laws, military doctors aren\u2019t able to perform abortions because of a 1976 law <\/a>that prohibits using federal funding to pay for abortions except in cases of rape, incest or threat to the life of the mother.<\/p>\n\n\n\n

And unlike organizations like Planned Parenthood, which also can\u2019t use its federal funding on abortions, troops couldn\u2019t just pay out of pocket for an abortion from a military care provider, as those doctors could face licensing repercussions in states where private doctors are subject to criminal prosecution.<\/p>\n\n\n\n

So assuming female soldiers are able to find an abortion provider out of state and secure non-chargeable leave from their chains of command, there is still the issue of travel expenses.<\/p>\n\n\n\n

That\u2019s something the Army may be able to get covered through legislation, though nothing specifically has been proposed.<\/p>\n\n\n\n

\u201cIt\u2019s never always going to fit into that mold. It may not say that word. It may not say this word,\u201d Grinston said of current medical travel policies, which do cover expenses. \u201cBut you apply a little bit of leadership and think is that\u2019s what\u2019s right for our families. And then get that to somebody that can help.\u201d<\/p>\n\n\n\n

And while military health providers are able to prescribe gender-affirming medications and procedures, access could be in jeopardy in states where that care is banned for anyone under 18.<\/p>\n\n\n\n

In that case, soldiers can enroll their dependents in the Exceptional Family Member Program, which is designed to ensure soldiers whose families have particular medical needs get stationed in locations where they can be met.<\/p>\n\n\n\n

Unfortunately, it\u2019s still not a guaranteed fix. EFMP is notoriously difficult to navigate<\/a>, with its resources and guidelines inconsistent from installation to installation.<\/p>\n\n\n\t