Gender Dysphoria Issues Result in Clearance Denial
I ran across an unusual Defense Office of Hearing and Appeals (DOHA) case for a defense contractor who was initially denied security clearance eligibility by the DoD due to concerns related to adjudicative guidelines falling under sexual, criminal, and personal conduct. Not sure why it took so long, but this appeal was in relation to a background investigation submitted in 2021. The DoD issued a Statement of Reasons (SOR) in 2025 and the appeal to DOHA was denied in January 2026. Here are the highlights:
The SOR issued to the applicant stated that she had downloaded and viewed thousands of pornographic images of children in 2013-14 while working as a contractor for the DoD overseas. A criminal investigation was conducted, her residence and electronic devices were searched, and they found about 40,000 images of children in various sexual poses, most of which were females. During an interview with the investigating special agent, she claimed that she did not view it as child pornography but rather a form of erotica. In 2021 during an interview with a background investigator, she denied having viewed child pornography.
At the appeal hearing the applicant self-admitted to having a history of gender dysphoria for most of her life and started seeing a therapist in 2016. She has now recognized herself as “transgender” which has relieved her previous history of anxiety and depression. A psychologist who evaluated her stated that the applicant had no sexual diagnosis or problematic mental health issues that would preclude her from having a security clearance. The DOHA judge in this case noted that the behavior occurred over 10 years ago and she had received a favorable mental health prognosis which mitigated the sexual and criminal conduct concerns. However, regarding the personal conduct concerns, the judge noted numerous instances where the applicant was less than candid about the circumstances of the criminal investigation and was not totally forthright and honest in providing information for the investigation and to the psychologist. This showed a lack of accepting responsibility for her actions and continues to cast doubt on her trustworthiness and judgement. Clearance eligibility was denied.
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