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Resolution 2019-30751 RESOLUTION NO. 2019-30751 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING PRESIDENT TRUMP'S DISCRIMINATORY BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND URGING THE U.S. DEPARTMENT OF DEFENSE TO NOT REINSTATE THE BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND TO MAINTAIN AN INCLUSIVE POLICY ALLOWING QUALIFIED TRANSGENDER AMERICANS TO ENLIST AND SERVE IN THE ARMED FORCES; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION AND THE COMMENTS SET FORTH HEREIN TO THE U.S. DEPARTMENT OF DEFENSE. WHEREAS, the City of Miami Beach ("City") Human Rights Ordinance, codified in Chapter 62 of the City Code, declares that "there is no greater danger to the health, morals safety and welfare of the city and its inhabitants than the existence of prejudice against one another and antagonistic to each other because of actual or perceived differences of race, color, national origin, religion, sex,, intersexuality, gender identity, sexual orientation, marital and familial status, age, disability, ancestry, height, weight, domestic partner status, labor organization membership, familial situation, or political affiliation"; and WHEREAS, the Human Rights Ordinance also declares that "prejudice, intolerance, bigotry and discrimination and disorder occasioned thereby threaten the rights and proper privileges of its inhabitants and menace the very institutions, foundations and bedrock of a free, democratic society"; and WHEREAS, in view of this policy, the City's Human Rights Ordinance prohibits discrimination in employment, public accommodations, housing, and public services, on the basis of the classification categories identified above; and WHEREAS, the City is a longstanding municipal leader in ensuring the civil rights of its diverse and cosmopolitan population; and WHEREAS, since, the U.S. Department of Defense announced in June 2016 that transgender people can openly serve, thousands of transgender Americans currently serve actively in the Armed Forces and in the Reserves, throughout all branches and military occupational specialties; and WHEREAS, on July 26, 2017, President Trump announced in a series of tweets that he would reverse the Department of Defense's policy on transgender service members, stating that "the United States Governmentwill not accept or allow transgender individuals to serve in any capacity in the U.S. Military."; and WHEREAS, on August 1, 2017, fifty-six retired generals and admirals released a statement affirming, "this proposed ban, if implemented, would cause significant disruptions, deprive the military of mission-critical talent, and compromise the integrity of transgender troops who would be forced to live a lie, as well as non-transgender peers who would be forced to choose between reporting their comrades or disobeying policy"; and WHEREAS, the U.S. Department of Defense report from 2018 falsely asserts there is "considerable scientific uncertainty" regarding the efficacy of transition-related care; and WHEREAS, a 2016 study by the RAND Corporation, which was commissioned by the U.S. Department of Defense, found that allowing transgender Americans to serve openly in the Armed Forces would "have minimal impact on readiness and health care costs" and "little or no impact on unit cohesion, operational effectiveness or readiness"; and WHEREAS, the American Medical Association, the American Psychological Association, the American Psychiatric Association, and three former military Surgeons General each have affirmed the medical efficacy of transition-related care and have expressed opposition to • President Trump's discriminatory ban; and WHEREAS , there is a global medical consensus that such care is effective, safe, and reliable; and WHEREAS, at least 18 nations allow transgender people to serve openly and effectively in their armed forces; and WHEREAS, all five military Chiefs of Staff have testified publicly that the existing policy has had no adverse effect on military readiness; and WHEREAS, the Department of Defense has failed to provide evidence the existing policy has impaired morale, unit readiness, or unit cohesion; and WHEREAS, President Trump's ban on transgender members of the Armed Forces targets and stigmatizes a whole class of people; and WHEREAS, President Trump's ban on transgender members of the Armed Forces would affect all transgender members of the Armed Forces and force them to serve under a policy that stigmatizes and devalues their contributions to our Nation's defense. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby oppose President Trump's discriminatory ban on transgender members of the Armed Forces and urge the U.S. Department of Defense to not reinstate the ban on transgender members of the Armed Forces and to maintain an inclusive policy allowing qualified transgender Americans to enlist and serve in the Armed Forces, and, direct the City Clerk to transmit this resolution and the comments set forth herein to the U.S. Department of Defense. PASSED AND ADOPTED this /3 day of March, 2019. ATTEST: /�,�/ Dan Gelber, Mayor ,;71/ 9 Rafael E. Granado, CityY2.7/I k (Sponsored by Commissioner Michael Gongora) ,.. : --.,,A0, %..70 i �NCORP �, O * RATED;` ' . 7 4 V°''.�. 26 - APPROVED AS TO FORM&LANGUAGE &FOR EXECUTION , l.03 ('7 I ( City Attorney rpm p Date MIAMI BEACH City of Miami Beach, 1700 Convention Center Drive, Miami Beach, Florida 33139, www.miamibeachfl.gov Office of the City Clerk Tel: 305-673-7411 March 27, 2019 Office of the Secretary of Defense Patrick M. Shanahan Acting Secretary of Defense 1000 Defense Pentagon. Washington, DC 20301-1000. Dear Secretary Shanahan, Attached please find a copy of City of Miami Beach Resolution No. 2019-30751: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, . FLORIDA, OPPOSING PRESIDENT TRUMP'S DISCRIMINATORY BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND URGING THE U.S. DEPARTMENT OF DEFENSE TO NOT REINSTATE THE BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND TO MAINTAIN AN INCLUSIVE POLICY ALLOWING QUALIFIED TRANSGENDER AMERICANS TO ENLIST AND SERVE IN THE ARMED FORCES; AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION AND THE COMMENTS SET FORTH HEREIN TO THE U.S. DEPARTMENT OF DEFENSE. . • (Sponsored by Commissioner Michael Gongora) • This Resolution was unanimously passed and adopted by the Mayor and City Commission of the City of Miami Beach on March 13, 2019. Respectfll • j,il Rafael E. Granado City Clerk c: Commissioner Michael Gongora Resolutions -C7 AF MIAMI BEACH COMMISSION MEMORANDUM TO: Honorable Mayor and Members of the City Commission FROM: Raul J.Aguila, City Attorney DATE: March 13, 2019 SUBJECT:A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, OPPOSING PRESIDENT TRUMP'S DISCRIMINATORY BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND URGING THE U.S. DEPARTMENT OF DEFENSE TO NOT REINSTATE THE BAN ON TRANSGENDER MEMBERS OF THE ARMED FORCES AND TO MAINTAIN AN INCLUSIVE POLICY ALLOWING QUALIFIED TRANSGENDERAMERICANS.TO ENLIST AND SERVE IN THE ARMED FORCES;AND DIRECTING THE CITY CLERK TO TRANSMIT THIS RESOLUTION AND THE COMMENTS SET FORTH HEREIN TO THE U.S. DEPARTMENT OF DEFENSE. ANALYSIS Pursuant to the request of Commissioner Michael Gongora, the attached Resolution is submitted for consideration by the City Commission. Legislative Tracking Office of the City Attorney Sponsor Commissioner Michael Gongora ATTACHMENTS: Description D Resolution Page 909 of 1551