New Pentagon Memo Mandates Separation of Transgender Service Members

In a significant policy shift, the Pentagon has issued a memo indicating that transgender individuals currently serving in the U.S. military will be discharged unless they qualify for specific exemptions. This directive, filed in a court document, effectively reinstates a ban on transgender personnel joining or remaining in military service, extending the restrictions previously imposed during the Trump administration.

The recent memo expands upon an executive order signed last month, which sought to limit the participation of transgender individuals in the armed forces. This earlier order had already led to the suspension of recruitment for transgender candidates and the cessation of medical procedures related to gender transition for active service members.

According to the memo dated February 26, the Department of Defense is required to develop a protocol for identifying transgender troops within the next 30 days, followed by the initiation of discharge procedures for those individuals within 30 days after that. The document emphasizes the government's commitment to maintaining high standards of readiness, cohesion, and integrity among service members.

The memo states that current policies are incompatible with the medical and psychological needs of individuals diagnosed with gender dysphoria. It does not mandate that transgender service members self-identify, and the Pentagon has not released an accurate count of how many such individuals currently serve.

Under the new guidelines, waivers may be granted for service members who demonstrate a compelling government interest in their continued service, particularly if their retention supports military operational effectiveness. Furthermore, to qualify for a waiver, service members must show a stable period of 36 consecutive months in their designated sex without experiencing significant clinical distress.

During his first term, the former president initiated a controversial policy aimed at barring transgender individuals from military service, a directive that faced legal challenges and was implemented inconsistently. Advocates for transgender rights have criticized the recent memo, calling it a complete and unprecedented purge of transgender individuals from the military.

This memo has been submitted as part of a lawsuit challenging the legality of the executive order signed in January. The suit, brought by the National Center for Lesbian Rights (NCLR) and GLAD Law, argues that the order violates the equal protection clause of the Fifth Amendment.

While U.S. Defense Secretary Pete Hegseth stated earlier this month that those with gender dysphoria in the military would be treated with dignity, the new policy raises concerns among advocates about the implications for thousands of transgender service members. Estimates suggest there could be around 15,000 transgender individuals in the military, though official figures indicate the number may be much lower, in the low thousands.

Public opinion appears to be shifting on this issue; a recent Gallup poll indicated that 58% of Americans support allowing openly transgender individuals to serve in the military, a decline from 71% in 2019. This evolving landscape poses further questions about the future of diversity and inclusion within the U.S. armed forces.