The U.S. military will begin separating transgender service members within 30 days unless they secure a waiver, according to a Pentagon memo released on Wednesday. This move follows President Donald Trump’s executive order in January, which aims to reinstate a ban on transgender individuals serving in the armed forces.
The memo, which became public as part of a court filing challenging the executive order, outlines strict guidelines for transgender troops. It specifies that any service member diagnosed with gender dysphoria—or those exhibiting symptoms—will face removal from service unless an exemption is granted. The memo defines gender dysphoria as a condition where a person’s gender identity does not align with their biological sex, often leading to significant distress or impairment in daily functioning.
According to the policy, waivers will be granted only in exceptional cases where there is a “compelling government interest” to retain the service member, specifically if their role directly supports the military’s warfighting capabilities.
To qualify for a waiver, transgender service members must meet two primary criteria:
- They must demonstrate that they have never attempted to transition genders.
- They must show “36 consecutive months of stability” in their biological sex without experiencing clinically significant distress or impairment in social, occupational, or other areas of functioning.
Without a waiver, transgender troops who do not meet these conditions will be processed for separation from military service.
The U.S. military’s stance on transgender service members has fluctuated significantly over the past decade, reflecting broader political and social debates about gender identity and military readiness.
In 2016, during former President Barack Obama’s second term, the Department of Defense lifted the longstanding ban on transgender service members. This policy allowed trans individuals to serve openly without fear of discharge. It also established a framework for transgender recruits to enlist, with implementation set to begin by July 2017.
However, after Donald Trump took office in 2017, his administration moved quickly to halt and reverse these policies. Initially, the administration postponed the date for new transgender enlistments to 2018. Later, Trump announced his intention to ban transgender people from serving entirely, citing concerns about medical costs and military readiness.
Despite facing numerous legal challenges, Trump’s ban was ultimately upheld by the U.S. Supreme Court in a 5-4 decision, allowing the restrictions to take effect in April 2019. This policy prohibited most transgender people from serving unless they remained in their biological sex, with limited exceptions.
When Joe Biden assumed the presidency in 2021, he signed an executive order reversing the Trump-era restrictions. Under Biden’s policy, transgender people could once again serve openly, access medical care, and transition while in the military.
However, Trump’s return to office in January 2025 has resulted in a renewed push to restrict transgender military service. His recent executive order argues that expressing a gender identity different from one’s biological sex is incompatible with the “rigorous standards” required for military service.
The Pentagon’s new policy is already drawing sharp criticism from civil rights organizations, LGBTQ+ advocacy groups, and some lawmakers. Critics argue that the policy discriminates against transgender Americans and undermines the military’s ability to attract and retain qualified personnel.
“This policy is a cruel and unjust attack on brave transgender Americans who are willing to serve their country,” said Shannon Minter, legal director for the National Center for Lesbian Rights. “It is based on prejudice rather than evidence and will harm both the individuals affected and our military as a whole.”
Advocates warn that the policy could force hundreds—if not thousands—of transgender service members out of the military. Although the Pentagon has not provided an official estimate of how many personnel may be affected, previous reports indicate that thousands of transgender people serve across various branches of the armed forces.
Legal experts anticipate further court battles over the policy. Similar Trump-era restrictions faced a series of legal challenges, delaying implementation for nearly two years. The new guidelines are expected to prompt fresh lawsuits arguing that the policy violates constitutional protections against discrimination.
In response to these concerns, the Biden administration has vowed to oppose the policy. A spokesperson for the Department of Justice stated that the administration is reviewing its legal options and remains committed to ensuring that transgender Americans can serve openly and honorably in the U.S. military.
For transgender service members currently serving, the policy creates significant uncertainty about their future in the military. Many are now faced with the difficult choice of either suppressing their gender identity or leaving the armed forces altogether.
The policy also raises questions about the waiver process. While the memo outlines criteria for exemptions, the Pentagon has not clarified how frequently waivers will be granted or what specific circumstances might justify retaining a transgender service member.
Military analysts suggest that the policy could have broader implications for military readiness and morale. Critics argue that discharging qualified and experienced service members weakens national security and deprives the armed forces of valuable talent.
“The idea that gender identity somehow makes someone unfit to serve is not supported by evidence,” said Aaron Belkin, director of the Palm Center, a think tank specializing in military personnel policy. “Transgender service members have served with distinction in combat zones, and there is no legitimate basis for excluding them from the military.”
The reinstatement of the transgender military ban is likely to intensify political divisions in Washington. Democrats and progressive lawmakers have condemned the policy as discriminatory and vowed to fight its implementation through legislation and the courts.
Republicans, on the other hand, have largely supported Trump’s executive order, arguing that it is necessary to maintain military effectiveness and cohesion. Conservative commentators have echoed these concerns, framing the issue as part of a broader cultural debate over gender identity and government policy.
As the legal and political battles unfold, transgender service members remain caught in the middle, facing the prospect of losing their careers and livelihoods.
