We’ve come a long way from the days when LGBTQ+ Americans were banned from military service outright. The repeal of Don’t Ask, Don’t Tell was historic, and open service for transgender troops was a major milestone. But beneath the surface of policy change, a quieter, more stubborn resistance remains — one that continues to shape the careers, opportunities, and well-being of LGBTQ+ service members in ways that most outside the system never see.
I’ve spent years standing up to those barriers — in courtrooms, in agency hearings, and in confidential backroom meetings where decisions that ruin careers get made without scrutiny. I’ve represented soldiers told they weren’t fit to serve because of HIV, challenged regulations written to sound neutral but enforced with bias, and pushed military leaders to own the consequences of the policies they defend. I’ve seen firsthand where reform stalls, and more importantly, why.
These fights have taught me something that every policymaker needs to understand: change doesn’t stop with a signature on a policy memo. It requires follow-through, enforcement, and accountability — and that’s where the military continues to fall short.
HIV Restrictions and Medical Double Standards
Despite everything we know about HIV — undetectable equals untransmittable, safe to deploy, safe to train, safe to serve — the military still bars new enlistments for people living with HIV and routinely removes service members from certain roles, units, or opportunities after diagnosis. These policies are medically outdated and legally indefensible — and I know that because I helped prove it in court.
The Department of Defense has stalled for years, citing “readiness” while ignoring scientific consensus. In reality, the resistance isn’t about readiness — it’s about stigma, institutional inertia, and a refusal to admit fault. Even now, some commanders misapply or overextend medical regulations to sideline otherwise qualified service members, denying them promotions or schooling on vague claims about deployability.
We’re not talking about isolated mistakes — we’re talking about structural discrimination. The services must revise accession standards, lift HIV-related restrictions, and direct commanders to follow modern medical guidance — not outdated prejudice masquerading as policy.
Transgender Troops Still Face Barriers
Yes, transgender troops can now serve openly — but the reality on the ground is far more complicated. Access to gender-affirming care is inconsistent, and many service members are still forced to navigate medical systems that treat transition as an obstacle rather than a supported process. Even with open service reinstated, fear of reprisal remains widespread — particularly under commanders who remain hostile or uninformed.
The military’s own data shows that many transgender service members choose not to come out or delay transition for fear of career impact. Some have had care delayed or denied outright due to so-called “operational concerns,” despite policy protections. And when hostile leadership exists, the burden is too often on the individual — not the institution — to challenge mistreatment.
This is where leadership matters. We need more than permissive policies — we need training, oversight, and command accountability. Being “allowed” to serve doesn’t mean much if your unit isolates you, your medical care is delayed, or your career advancement stalls.
Command Discretion and Lack of Oversight
One of the military’s most persistent problems is that policies meant to protect LGBTQ+ troops are often undermined by command discretion. There are rules on the books against harassment, retaliation, and unequal treatment — but enforcement depends heavily on whether a commander chooses to act. In too many cases, complaints are ignored, records disappear, or investigations are quietly buried.
This isn’t theoretical. I’ve represented service members retaliated against for reporting discrimination, passed over for assignments after coming out, and subjected to vague “loss of trust” removals based on identity alone. The system gives commanders wide latitude — and virtually no accountability — when it comes to who advances, who is punished, and whose careers are derailed.
The answer isn’t more guidance. It’s real mechanisms to review and check command authority, stronger IG involvement, independent complaint channels, and legal protections with teeth — because right now, too many LGBTQ+ troops are still at the mercy of someone who sees them as a problem.
Veterans Denied Fair Recognition and Care
The fight doesn’t end at discharge. For many LGBTQ+ veterans — particularly those discharged under past discriminatory policies — the injustice continues. Thousands still carry less-than-honorable discharges that limit their access to VA care, education benefits, and housing assistance. The upgrade process is complex, opaque, and often retraumatizing — and the burden rests entirely on the veteran.
Even those with honorable discharges often find VA systems unprepared to meet their needs. LGBTQ+ veterans face higher rates of mental health challenges, but many avoid the VA entirely due to past experiences with discrimination or fear of being mistreated. While progress is underway in the VA, it’s uneven — and far too many LGBTQ+ veterans still fall through the cracks.
We owe these individuals more than a ceremonial apology. We owe them systemic redress. That means automatic review and upgrade of discriminatory discharges, targeted outreach, trauma-informed care, and leadership that actually sees this population — not just in Pride Month, but every month.
What Real Reform Looks Like
The military doesn’t need more surface-level statements about inclusion. It needs structural change. That starts with eliminating outdated medical policies and ensuring full access to enlistment and advancement for all qualified individuals — including those living with HIV or receiving gender-affirming care. It requires oversight bodies that can independently investigate discrimination — not just let units “handle it internally.”
It also requires a shift in culture — where inclusion isn’t seen as a risk to manage, but a strength to embrace. That won’t happen by accident. It will take intentional leadership, from the Pentagon to the platoon, and accountability for those who abuse their authority. It means tracking outcomes — promotions, schooling, retention — and asking whether the data matches our values.
I’ve spent my career fighting for the kind of military where every person has a fair shot to serve with dignity — not just in theory, but in practice. We’re not there yet. But we can be — if we stop pretending the job is done.
About the Author: Nick Harrison is an attorney, advocate, and public servant who has dedicated his career to fighting for justice. He has gone head-to-head with powerful institutions, challenging discriminatory policies, defending veterans, and standing up for those who have no one else in their corner. From taking on high-profile legal battles to helping small businesses and nonprofits navigate complex legal issues, he brings both fierce advocacy and unwavering support to those he represents. His work has not only changed lives — but changed laws. With experience in litigation, policy reform, and leadership under pressure, Nick is committed to using the law as a force for good and ensuring that no one is left behind.
