Pentagon Announces Stricter Policy for Transgender Service Members Amid Ongoing Legal Challenges

Pentagon Announces Stricter Policy for Transgender Service Members Amid Ongoing Legal Challenges

The Pentagon has announced plans to remove transgender service members who do not meet specific requirements under its new policy, as revealed in a recent court filing.

The official memo, signed by the Under Secretary of Defense for Personnel and Readiness, outlines the policy, stating that service members diagnosed with or showing symptoms of gender dysphoria will be processed for separation from military service. This policy is part of an ongoing legal challenge regarding the Pentagon’s stance on transgender individuals serving in the military.

According to the memo, the Pentagon will only recognize two sexes—male and female—and asserts that a person’s sex is fixed and immutable throughout their life. The policy dictates that all service members must serve according to their assigned sex at birth.

This policy update follows a 2017 executive order by former President Donald Trump, which directed the Pentagon to implement a policy excluding transgender service members. While estimates of transgender individuals in the military vary, a 2018 independent study suggested there were approximately 14,000 transgender troops serving.

The new policy does include exceptions, such as in cases where a “compelling Government interest” supports warfighting capabilities, or if a transgender individual agrees to meet all standards associated with their sex. Additionally, service members may be retained if they show “36 consecutive months of stability,” demonstrate no clinically significant distress or impairment, and adhere to standards tied to their sex.

The policy came to light during an ongoing legal challenge against Trump’s executive order, with US District Judge Ana Reyes expressing concerns that the order may be discriminatory. Judge Reyes, a Biden appointee, has yet to rule on blocking the order indefinitely, with further legal arguments expected in the coming weeks.

Trump’s 2017 transgender ban faced several lawsuits, with federal courts temporarily blocking its enforcement. However, the Supreme Court allowed the ban to take effect in 2019 without determining its constitutionality. President Biden reversed the ban in 2021.

The Pentagon’s updated policy is even stricter than the previous Trump-era ban, which allowed troops who had already enlisted before the policy change to continue serving. The new policy will classify service members being discharged as non-deployable and prohibits Defense Department funding for gender-affirming surgeries or hormone treatments.

Air Force Master Sgt. Logan Ireland, who has served as an openly transgender individual for nearly a decade, criticized the Pentagon’s new stance, arguing that thousands of transgender service members occupy critical roles that require extensive training. Removing these individuals would cause significant operational gaps and hurt military readiness, Ireland said.

The policy will also affect transgender recruits, including individuals who were previously discharged under the original Trump ban. One such individual, Riley Rhyne, was discharged from the Air National Guard under Trump’s administration but reenlisted after Biden overturned the ban. Following the Pentagon’s new policy announcement, Rhyne expressed disappointment, stating, “We have fought this before, and we’re ready to fight this again.”

This development signals ongoing tension and legal battles regarding the military’s policy on transgender service members.

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