Transgender Policy

[CAPDCCMOM]

Greetings All:

Today the President's Administration has issued a Letter of Directive to all School Districts in the United States regarding the rights of transgender students. No longer will a transgender student need to provide any medical documentation or psychiatric documentation to be declared transgender. A statement from a parent is enough. The transgender student may use any facilities, restroom, locker room, etc. based completely on the gender that they identify with. Thus directive states that school districts must accept this statement regardless of what a birth certificate or State issued ID says on the gender. School Districts that fail to comply risk the loss of Federal funds, and can and will be charged with discrimination.

It is only a matter of time before we have Cadets that identify with another gender request to be billeting with the gender that they identify with rather than what it says on their birth certificate.

How do we handle this. It has been brought up here before, I know, but will little real help given.

Please keep it respectful, ALL

[abdsp51]

Is this directive going to cover schools in the event some type of incident happens? 

Schools are at risk all the time of losing federal funds for one thing or another.  Honestly this is something that would be hard to enforce.

[FW]

I would guess we "handle" the situation like any other.  How do we deal with gay/lesbian cadets?   I'm really not sure what is to be done, except to insure cadets are safe from physical harm/abuse. I understand NHQ is fine tuning CPP, so I guess we'll know what the "higher ups" tell us...

[RogueLeader]

We follow the rules, regulations, and policies of the Civil Air Patrol.  Whatever letter sent to school Districts have zero bearing on what we, as CAP, do.  The obvious exception is for those units that meet in school facilities.

[Hummingbird]

Just hope for the best. If we're lucky, no huge messes will occur. As far as I know, we can't do much about this rather touchy subject.

[Майор Хаткевич]

As far as I understand, CAP, while Congressionally chartered, is a private organization (Much like the BSA and their Gay leader issue). That means, barring some directive from the government, we have our own rules, that we must and will follow.

[RogueLeader]

As far as I know, we can't do much about this rather touchy subject.

Not true.  We can do whatever we need or want to to to deal with the subject.  What those decisions are, I don't know, and what the consequences will be will take time to get figured out.

[JeffDG]

As far as I understand, CAP, while Congressionally chartered, is a private organization (Much like the BSA and their Gay leader issue). That means, barring some directive from the government, we have our own rules, that we must and will follow.

Schools do not exist within federal jurisdiction.  This directive is predicated upon accepting federal funds.  There would be nothing stopping POTUS from making it a general rule for any organization that accepts federal funds.

[CAPDCCMOM]

^^^ And since we get money from the Air Force, we get Federal Funds. This could make life very interesting.

[Майор Хаткевич]

As far as I understand, CAP, while Congressionally chartered, is a private organization (Much like the BSA and their Gay leader issue). That means, barring some directive from the government, we have our own rules, that we must and will follow.

Schools do not exist within federal jurisdiction.  This directive is predicated upon accepting federal funds.  There would be nothing stopping POTUS from making it a general rule for any organization that accepts federal funds.

So...barring some directive from the government, we have our own rules, that we must and will follow?

[CAPDCCMOM]

I would say it also depends which Wing you are in...Several States have Transgender protection laws in place. Our rules can not violate local, state or federal law, am I correct?

[Spam]

It is only a matter of time before we have Cadets that identify with another gender request to be billeting with the gender that they identify with rather than what it says on their birth certificate.

How do we handle this.

Two issues: on the letter issued this week, we don't "handle this" at all. Especially since this opinion letter on Title IX does NOT CARRY THE FORCE OF LAW, I would say that we, CAP, don't have a dog in this fight, which is between the states and local governments and the lame duck administration. All outgoing administrations (of all parties) seem to want to push non-legislative executive orders in order to bolster their "legacy" (especially where its a weak one), and this strategic letter is squarely aimed at putting pressure on state and local governments to force them to change to meet this administrations expectations.


CAP units will continue to comply with the legalities of the counties, parishes, and states in which they are chartered, regardless of nondirective letters from DC, until such time as the laws change in that area, when we would have to comply. But our exposure to any required change from this instance is limited - in essence, if we have a hypothetical school chartered Squadron and the local municipality caves to this pressure and changes their law, that unit would end up meeting in a school building which then has men legally allowed to enter womens restroom/locker rooms and vice versa. That FACILITY change should not impact CAP's existing CPP policy, though... all cadets will be protected - confused sexual identity or normal identity - per:


CAPR 52-10 (C1) 17 FEBRUARY 2014 3
1-2. Definitions
c. Sexual Abuse. Building upon the definition of "abuse" in the paragraph above, cadet sexual abuse includes
(4) sexual penetration, sexual touching, or non-contact sexual acts such as exposure or voyeurism.



So, on the other issue which you've mentioned (overnight billeting), there's no linkage whatsoever that I can see to this letter. CAP has a policy to protect cadets and reduce liability and we are executing to it, and its been discussed to death.  Nothing new here.

1. Check those legal IDs on recruitment as required to validate ALL new member applications,
2. Sign those encampment applications after reviewing for accuracy,
3. Require supporting legal documentation if there's any change, and finally
4. Billet cadets by their legal sex of record and supervise them to prevent abuse IAW the above cited paragraph, regardless of their request or subjective feelings.


V/R
Spam

[CAPDCCMOM]

^^^^^^^^^^ With respect Spam, the Courts in this country as well as the Executive Branch, have said and are now actively saying that a person that is transgender does have those rights, and that those rights will be enforced.

I am not saying a I agree or disagree. I am saying what it is. Hiding behind 52-10 won't save the Organization in Court

[Storm Chaser]

Spam is correct. This directive from the outgoing president is not law nor affects CAP. Unless the current laws, Air Force instructions, or CAP regulations change, we are not required to do anything to respond to this directive or change our current policies and procedures.

[LSThiker]

How do we handle this. It has been brought up here before, I know, but will little real help given.

Unfortunately, no additional "real help" can be given until we (as a society) iron out our personal opinions on such a topic.  This is immediately evident by Spam's careful choice of words such as "confused" vs "normal" and "caves to this pressure", which also presummably states his personal opinions on this topic and our current state of politics.

As discussed in the past, I doubt any one (people on this forum in general) is really ready to have a true rationale conversation in which others will be willing to change his/her minds:  See for the meaning in which I use rationale http://twentytwowords.com/a-flowchart-to-help-you-determine-if-youre-having-a-rational-discussion/

How do we (as CAP) handle this general topic?  When the necessary time comes, talk with legal and your command, which should communicate with National and their legal to determine the best course of action.  Until then, as Ned Lee has pointed out, CAP goes by what the legal gender (as defined by their state government) of the person is.

Does this letter have any immediate effect on our organization?  No as we are not a school, let alone a school that accepts federal funding.  If the current administration, the USAF, or CAP, Inc tells us that we must comply with this a broader definition, then that will be a different story.     

[Robb Ottenhoff]

As a member of the LGBT community, I am as uncertain as most of you are on what the "right" answer is. The answer will likely evolve over time, but I share in the struggle on how I will interact with cadets and parents if/when this comes up.

Some background on me:
As a 19 year old entering the Air Force in 1986, I struggled with accepting myself and really thought that if I kept trying to 'be straight' that I would eventually be okay, which it turned out I was...  okay that is...  not straight.     I went on to have a very successful three years on Active Duty in the AF, so much so that I Palace Chased (allowed to get out early to go back to school return as an officer) in 1989.  It was in the AF were I found my voice, my confidence, and my extended AF family... and I was all in, USAF for life.

The flaw in my grand plan was that once I was in college, and in an environment that didn't shun the idea of being different, I finally accepted that I could not change something so deep to the core of who I was, and in that moment I discovered both a new profound freedom (to love someone) and a terrible loss (never being able to return to the AF family, including my membership in the Civil Air Patrol).

The reason I am sharing this is that _even_ in the middle of that loss and disappointment, I would not have said that the ban on LGBT people should be lifted overnight.  Of course from a personal point of view I didn't have any reservations that LGBT people should be allowed to serve, but one of the most profound tenets of the military is that the whole comes before the individual.  The military is not a proving ground for social engineering.  Before any commander, worth their salt, would introduce new dynamics into a military unit there would need to be training, leadership, understanding, and trust developed. 

And while the Civil Air Patrol is not the military, I think the same approach of training, leadership, understanding, and trust being developed will be the source of  each and every member of our organization experiencing our core values in action. 

I'm not sure when NHQ started reviewing and working on this, but I know they are and I trust that they will create a policy and directive that reflects our core values. In the meantime, if/when questions and/or concerns come up, I will use our core values to find a place to stand:

Excellence: The willingness to work on creating the best environment for our members...

Respect: Being willing to see other points of view, and finding shared commitments within each...

Volunteer Service: Giving of yourself, and fighting for others, even when the issue does not impact you directly...

Integrity: Standing up for fairness, honesty, and another persons dignity.

It takes courage, compassion, and a whole lot of character to live a life of our core values. It's something that has to be manage moment to moment, and I admit that I fail at it all the time -- but I am willing to be responsible for the impact that it has on other people and I'm willing to be called out and held to account for what I do (and don't do).  Because the other option is to not be responsible, not be accountable, and not be someone that others can count on.

[CAPDCCMOM]

^^^^^^^^^ Capt. You indeed Sir are a man of Integrity and courage and I take my hat off to you Sir. May my own sons have your courage. You have a place at my table anytime, home or my Squadron

[Ned]

We've discussed this very topic a few times here, of course.  And thank you for the calm, reasoned discussion.

We will be hosting a Learning Lab at the National Conference that will touch on this and related issues:

CP06: Be an Ally: Supporting GLTB Cadets.  I'll be there, and I personally invite all interested folks to attend.  One of the presenters will be Ms.  Eva Walton Kendrick, a staffer for the Human Rights Campaign and an acknowledged expert in the field.  I'll get to speak a bit too. 


Ned Lee
National Cadet Programs Manager

[Chappie]

Capt Robb Ottenhoff...indeed NHQ has been working on this and have been since 2013. 

Thank you for the annotation on the Core Values...it is/was "spot on".

As the Chief of the CAP Chaplain Corps - Ch, Col Jay Hughes -- is prone to say, "Every decision is a Core Values decision".      CAP has certain policies already in place (and I am certain will continue to expand on them) that apply to all members of the organization -- and the common bond that all our members share are the Core Values.   Applying these Core Values to our personal and professional lives assure that the value, the dignity, the contribution, and the well-being of all CAP members will be sustained. 

I look forward to attending the CP06 Session (unless it conflicts with a session that I am participating in).  If not, I am sure that Ned and I will do some catching up.

[Spam]

How do we handle this. It has been brought up here before, I know, but will little real help given.

Unfortunately, no additional "real help" can be given until we (as a society) iron out our personal opinions on such a topic.  This is immediately evident by Spam's careful choice of words such as "confused" vs "normal" and "caves to this pressure", which also presummably states his personal opinions on this topic and our current state of politics.

Hmm, well, that's a good point, LST. We're all a product of our upbringing, and my intent of the use of the word "confused" could equally have been met by "undecided", or some other word indicating a lack of a stable sex identity. Adolescent self identity being a moving target, was my thought there, and CAP needs to not intrude either pro or con, except to keep the lid on with respect to the CPP. Note, please, how I used those words in context: that ALL of our cadets, of whatever identity, should be protected. I'm probably not as reactionary as you might suspect in this regard, nor as closed minded towards the varied backgrounds and beliefs of my fellow men (fellow Trekkers out there, look up "IDIC").  I'm also sympathetic to those who desire to serve our nation, from any walk of life or background, and I had a guy "in the life" next to my wife and I on the altar at my wedding. I continue to have close friendships with such friends with whom we agree to respectfully debate, and more often than not, agree.  A couple of them have repeatedly used the word "confused" to me referring to their adolescent struggles with identity, so that's where I was coming from. No offense intended.


Yet... we're neither the military nor are we a paid employer, but rather a volunteer group standing in loco parentis of minors in the middle of their teen developmental years, responsible to our parent customers first, of all possible earthly customers.  We've no business AT ALL advocating or ministering to our adolescent members in terms of helping them question, validate, "assert", or "fix" their sexual identity, either heterosexual OR homosexual. Not. Our. Job. It's not part of our "health services" mission, nor of our Chaplain mission, as these discussions should rightfully be left to the parents, our customers, even if we disagree with their family beliefs and/or if we disagree with their raising of their children.
. Neither the State, nor CAP, owns those minor cadets - we need to stay out of it.


It equally IS our job to ensure that not one of our members faces harassment, discrimination from participation in federally funded CAP activities, etc. subject to reasonable efforts on the behalf of CAP to accommodate their needs.


I do hope that our leadership will thoughtfully discuss reinforce both of those points in the upcoming "Be an Ally" session, and any resulting changes to policy. I absolutely would support to the hilt any efforts to update and improve our nondiscrimination training - and my offer still stands, Ned, to help write AEO modules for example on "the changing face of aerospace" as I've done with presentations for SWE.

Should we end up going beyond ensuring equal protection as part of the CPP, towards inventing some sort of program to reach out to and validate or encourage questioning youth to pursue their sexual development (along whatever lines), I feel that would split our membership irreparably, and lead to a massive schism in our program. Were I to find as a parent of cadets that CAP had a program which included encouraging members to pursue "you can tell me" confidential leading questions to encourage or "support" one of my dependents in "coming out", I would be seeking legal counsel immediately against CAP to stop CAP - and I'd have a darn good case, you'd have to admit, as it violates our own current CPP. We don't want to steer towards that sort of divisiveness and intrusiveness - we just want a safe, equal access playing ground for all.


V/R
Spam