US Air Force Doctor Assures Staff Not To Fear Lawsuits Over Sex Changes Done On Minors

Internal records obtained by the Daily Caller News Foundation (DCNF) reveal that a senior Air Force doctor sought to ease the worries of military medics by claiming they are shielded from legal consequences when performing gender-reassignment procedures on children under the Biden administration.

Between March and July 2023, Lt. Col. Josh Smalley, a doctor at the taxpayer-funded Uniformed Services University, circulated several documents suggesting that military and civilian staff 'have no reason to dread legal consequences for offering 'gender-affirming care' to minors. This push for reassurance followed the Department of Defense's decision to 'roll back' various limitations on transgender personnel during the Biden administration.

Legal Protections for Military Medical Personnel

The Center to Advance Security in America (CASA), described as a 'nonpartisan organisation dedicated to improving the safety and security of the American people', supplied these records to the DCNF. The group secured the files through a Freedom of Information Act lawsuit filed against the US Air Force.

An outspoken supporter of LGBT causes, Smalley has authored works including 'Navigating Transgender Healthcare in the Uniformed Services,' 'Fit Transitioning: When Can Transgender Airmen Fitness Test in Their Affirmed Gender' and 'Transgender and Gender Diverse Health Care in the US Military: What Dermatologists Need to Know.'

It is worth noting that neither the White House nor the Department of War has issued a formal response to the situation.

Redacted Memos Detail Gender Care Communications

Despite heavy redactions, the subject lines and attached files within the emails specifically reference 'IP Care for Transgender Children in Europe' and 'Questions from the field on minor gender affirming care.'

A memo from 13 February 2023, which Smalley passed along to an unidentified recipient, explains that 'the Department's ability to carry out its functions depends on the willingness of our personnel to make decisions and take actions that are consistent with their official duties but may nevertheless expose them to personal civil or criminal liability.'

Department of Defense Vows to Indemnify Staff

One of the attachments, titled 'Questions from the field on minor gender affirming care', breaks down the reasons why US military members and civilian staff might be protected from facing legal action.

According to the email attachment, 'Upon request, the Department of the Defense may indemnify, in whole or in part, a Department civilian employee or Service member.' It further notes that 'Upon request, the Department of Defense may pay for all or part of the settlement or compromise of a claim against a Department civilian employee or Service member at any time, provided the Secretary or his or her designee determines that... [redacted]'.

In separate correspondence, Smalley mentioned a five-hour 'symposium/roadshow' intended for the 'Buckley MTF,' although the specific nature of the gathering remains vague. As noted on the health.mil website, 'Military hospitals and clinics are also referred to as direct care, military treatment facilities or MTFs.'

Shifting Policies and Impact on Training Standards

Under Executive Order 14183, the Trump administration moved to dismantle the LGBT-focused policies that were prioritised during the Biden era.

One of Smalley's specific papers, 'Fit Transitioning: When Can Transgender Airmen Fitness Test in Their Affirmed Gender,' has gained attention for its potential impact on US Air Force training standards. Should these recommendations be maintained, the policy would essentially permit men within the Air Force to meet the less demanding physical fitness criteria established for women.

One of Smalley's papers, 'Transgender and Gender Diverse Health Care in the US Military: What Dermatologists Need to Know', was published by MDedge.com in July 2024 and notes that 'The major components of gender-affirming care include hormone therapy, gender confirmation surgery, and mental health care, if needed.' The document goes on to explain that 'These are covered by TRICARE, the health care program for military service members.'