Military issues policy banning trans military service, implementing Trump EO

The policy was filed Wednesday evening in a challenge to the executive order and will be subject to legal challenges.

Feb 27, 2025

OFFICE OF THE UNDER SECRETARY OF DEFENSE 4000 DEFENSE PENTAGON WASHINGTON, D.C. 20301-4000 FEB 2 6 2025 MEMORANDUM FOR SENIOR PENTAGON LEADERSHIP COMMANDERS OF THE COMBATANT COMMANDS DEFENSE AGENCY AND DOD FIELD ACTIVITY DIRECTORS SUBJECT: Additional Guidance on Prioritizing Military Excellence and Readiness As directed by the Secretary ofDefense in his February 7, 2025, memorandum, "Prioritizing Military Excellence and Readiness," it is Department policy that, pursuant to Executive Order 14183, "Prioritizing Military Excellence and Readiness," the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service. The attachment to this memorandum provides supplemental policy guidance and establishes a reporting mechanism to ensure Department compliance. The policy guidance in the attachment: (1) supersedes any conflicting policy guidance in Department of Defense issuances and other policy guidance and memoranda; and (2) is effective immediately and will be incorporated into respective Department issuances, as appropriate.

The Department of Defense issued its new military policy on Wednesday banning all transgender people who are living as themselves from joining or continuing to serve in the military. Under the policy, “separation actions” of current service members who are transgender are to begin within the next two months.

The policy, implementing President Donald Trump's anti-trans military executive order, was filed Wednesday night on the docket in one of the cases challenging the executive order.

The policy — “Service Members and Applicants for Military Service who Have a Current Diagnosis or History of, or Exhibit Symptoms Consistent with, Gender Dysphoria“ — was issued by Darin Selnick, an official “Performing the Duties of Under Secretary of Defense for Personnel and Readiness.”

Darin S. Selnick Performing the Duties of the Under Secretary of Defense for Personnel and Readiness

According to his Defense Department bio, “Mr. Selnick leverages his extensive government and non-government experience advocating for veterans to position Service members for productive post-separation lives from the first day they put on a uniform.”

On Wednesday, Selnick “advocated for veterans” by creating many more of them — putting in place a policy that would kick all trans service members out of the military.

d. Individuals who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are no longer eligible for military service, except as set forth in sections 4.1.c. and 4.3.c. ofthis attachment. e. Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria will be processed for separation from military service in accordance with section 4.4. of this attachment. Characterization of service under these procedures will be honorable except where the Service member's record otherwise warrants a lower characterization.

Anyone with a current diagnosis of gender dysphoria, anyone with a “history” of a diagnosis of gender dysphoria, and anyone who “exhibit[s] symptoms consistent with” gender dysphoria “are no longer eligible for military service” and “will be processed for separation from military service,” except for, on “a case-by-case basis,“ if the government grants a “waiver” — which requires the government to state that “there is a compelling Government interest in retaining the Service member that directly supports warfighting capabilities” and the service member to meet three conditions:

1. The Service member demonstrates 36 consecutive months of stability in the Service member's sex without clinically significant distress or impairment in social, occupational, or other important areas of functioning; and 2. The Service member demonstrates that he or she has never attempted to transition to any sex other than their sex; and 3. The Service member is willing and able to adhere to all applicable standards, including the standards associated with the Service member's sex.

That’s only confusing — and only potentially seems good — if you don’t know what the policy means by “the Service member’s sex.“

According to an earlier part of the policy:

f. The Department only recognizes two sexes: male and female. An individual's sex is immutable, unchanging during a person's life. All Service members will only serve in accordance with their sex, defined in Executive Order 14168, "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," as "an individual's immutable biological classification as either male or female." g. Where a standard, requirement, or policy depends on whether the individual is a male or female ( e.g., medical fitness for duty, physical fitness and body fat standards; berthing, bathroom, and shower facilities; and uniform and grooming standards), all persons will be subject to the standard, requirement, or policy associated with their sex.

As such, the alleged “exception” to allow transgender service really is not.

It only allows a person who has — or has exhibited symptoms consistent with — gender dysphoria to continue serving if the government makes the “compelling” interest finding and the person seeking to continue serving has never attempted to transition, is willing to live as their biological sex, and can show three years of “stability” without “clinically significant distress” living as that biological sex.

The next steps for current transgender service members are to begin quickly.

The secretaries of the military department are to “[e]stablish procedures and implement steps to identify” covered transgender service members “within 30 days” of the Wednesday memorandum.

e. Establish procedures and implement steps to identify Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria within 30 days of this memorandum. f. Within 30 days of identification pursuant to section 3.4.e. of this attachment, begin separation actions, in accordance with section 4.4. of this attachment, for Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria and are not granted a waiver pursuant to section 4.3.c. ofthis attachment.

Then, within 30 days of “identification,” the service branch secretary is to “begin separation actions” for all not granted the all-but-nonexistent waiver policy.

Ultimately, this is a “don’t live honestly, don’t tell, or we will pursue” policy.

In the case challenging the executive order before U.S. District Judge Ana Reyes, earlier briefing and hearings over the executive order will now be supplemented. Per earlier status conferences and orders, we now will expect an amended complaint and further preliminary injunction request to be filed that include information about — and challenges to — the policy. The Justice Department will then respond, and, as of now, a hearing will be held March 13.

[Update, February 28: In a "clarifying" memo dated February 28, the military stated that there are to be no efforts to "identify" trans service members "until March 26."

At the same time, however, the memo "encourage[s]" trans service members "to elect to separate voluntarily" by then.]

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