Transgender personnel in the United States military

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Transgender personnel in the United States military
Lt Col Bree Bryan Fram (2).jpg
Colonel Bree Fram, the highest-ranking and longest-serving openly transgender U.S. military officer, has served since 2003 and came out in 2016.
Albert-Cashier.jpg
Albert Cashier, a Union Army soldier in the Civil War who was born Jennie Irene Hodgers
Legal Status
Current statusBanned from enlisting in and serving in the U.S. military, except under narrow waivers for those who have not undergone gender transition, have maintained stability in their biological sex for at least 36 consecutive months, serve in roles critical to warfighting capabilities, and are willing to adhere to all standards associated with their biological sex
Current law Executive Order 14183
Previous laws
Court cases

Transgender people have served or sought to serve in the United States military (U.S. military) throughout its history. As of May 8, 2025, transgender individuals are banned from enlisting in and serving in the U.S. military, except under narrow waivers for those who have not undergone gender transition, have maintained stability in their biological sex for at least 36 consecutive months, serve in roles critical to warfighting capabilities, and are willing to adhere to all standards associated with their biological sex. [1] Transgender civilian employees at the DoD and private military companies are not subject to the military ban. [2]

Contents

In its April 24, 2025, Supreme Court filing in Shilling v. Austin, the Department of Justice stated: "The Department fully recognizes that many transgender individuals have served, and continue to serve, honorably in the Armed Forces. But the policy at issue here concerns the standards for future service and accession, and how to structure them to best ensure military effectiveness, lethality, and readiness." [3]

In a February 18, 2025, hearing in the case of Talbott v. Trump before U.S. District Judge Ana C. Reyes, DOJ attorney Jason Lynch—arguing for the Trump administration—agreed that the transgender plaintiffs were “honorable, truthful, and disciplined” and had “made America safer.” [4] In a May 15 2025 background briefing, a senior U.S. Department of Defense official stated that the Department was “grateful for the service of every service member, both past and present,” including those affected by the transgender service ban, and pledged they would be “treated with dignity and respect” and receive honorable discharges and substantial separation benefits. [5]

Transgender troops who had already submitted voluntary separation requests prior to the nationwide preliminary injunction issued in the case of Shilling v. United States began to be discharged immediately on May 8, 2025 after the U.S. Supreme Court's stay of Judge Reyes's injunction. [6] [7] [8] The memo further states that active-duty personnel have until June 6, 2025, to self-identify for voluntary separation, while members of the reserve forces have until July 7, 2025. After these deadlines, the military departments will initiate involuntary separation procedures. [9]

Prior to 1960, there was no formal, explicit policy specifically targeting transgender individuals in the U.S. military, but they were effectively barred from service under broader medical and psychiatric disqualification standards. From 1960 until 2016, transgender individuals were formally banned from serving in the U.S. military. [10] From 2016 to 2017, transgender individuals were allowed to serve openly.

From 2018 to 2019, and again from 2021 to 2025, they were allowed to both serve and enlist openly. [11] [12] [13] From 2019 to 2021, transgender individuals were banned from enlisting in and serving in the U.S. military, except under narrow exceptions.

Individuals who had been diagnosed with gender dysphoria and had already begun medical transition prior to April 12, 2019, were allowed to continue serving, and waivers were permitted on a case-by-case basis for individuals who had not transitioned, were stable in their birth sex, and could meet all standards associated with that sex. [14] [15]

From January 28 to March 27, 2025, the U.S. Navy began rejecting all transgender applicants. Across the rest of the U.S. Armed Forces, transgender enlistment and access to publicly funded gender-affirming surgeries were paused on February 7, 2025, and a full ban on transgender service was implemented on February 26, 2025. These restrictions were paused from March 27, when a nationwide preliminary injunction was issued in the Shilling case, to May 6, when the U.S. Supreme Court stayed the injunction. The ban is being appealed in the Ninth Circuit. [16] [17] [7]

Unlike bisexuals, gays and lesbians with the Don't Ask, Don't Tell Repeal Act of 2010, transgender service and enlistment policies in the U.S. military are not codified in United States Code, which neither allows nor prohibits transgender service and enlistment. This legal ambiguity allows for frequent policy changes via administrative and executive directives, making it a recurring issue of political contention. This dynamic serves as an example of political football, where policies are frequently revised or reversed depending on the administration in power, with five major transgender U.S. military policy changes across four United States presidential administrations in less than a decade since June 30, 2016. [18] [19] [20] [21] [22]

Transgender personnel in the United States military


History

1775 – 1960

Many women during the American Civil War disguised themselves as men to enlist as soldiers and fight in the war. During this time, women were not legally allowed to fight; however, it is estimated there were more than 400 women who were passing as male soldiers during the war. Many of these female soldiers' true identities were never discovered throughout the time of their service. [23] When enlisting, adult women were often able to pass as younger (teenage) men. The physical examinations were lax, leading to many women able to begin training. There were numerous instances of soldiers' female identities being exposed, usually after having been hurt and sent to a soldiers' hospital. Most often, these women just received medical attention and were sent home. However, in several instances, some women who had been disguised as male soldiers were punished or even imprisoned. [24]

Albert Cashier was born Jennie Irene Hodgers in Belvidere, Illinois. He enlisted on August 6, 1862, and served in the Union Army as a man. His identity remained unknown throughout the entirety of his service, and he kept the identity of Albert Cashier for the remainder of his life. It was not until 1911, while working as a handy man, that he was struck by an automobile and fractured his leg. When a physician was called, it was discovered that Albert was in fact born a woman. Shortly after his injury he was admitted into the Soldiers' and Sailors' Home in Quincy, Illinois, where, in his application, he gave his birth name as Jennie Hodgers, and stated that he was born in Ireland on December 25, 1844. At the home, only the doctor knew of his true identity, and he was able to continue to live as Albert Cashier along with other patients in the home. When his mental health became too deteriorated for the home to adequately take care of him, he was sent to an insane asylum at Watertown. At the asylum Albert was forced to wear dresses and accept the identity he was born with, Jennie Hodgers, until his death in 1915. Albert Cashier was buried with full military honors. [25]

In 1952, Christine Jorgensen was the first transgender American woman to undergo gender confirmation surgery after being drafted into the United States Army to serve during World War II. The surgery made front-page news with headlines such as "Ex-GI Becomes Blonde Beauty" from the New York Daily News focusing on her prior military service. [26]

1960 – 2016

According to scholars, since at least as early as 1960, Executive Order 10450 was applied to ban transgender individuals from serving in the United States military. [27] [28] On May 17, 1963, gender transitioned or transitioning individuals were officially prohibited from the United States military by Army Regulation 40-501. This policy reasoned transgender people were medically unqualified to serve because their mental state was considered unfit. [29]

In the 1980s, the United States military decided to apply medical regulations more forcefully on those who identified as transgender. [30] In the case Doe v. Alexander (1981), which was about a transgender woman who had been rejected from the United States Army Reserve due to having had gender reassignment surgery, the Army defended their policy of denying enlistment to transsexual persons by stating that supporting transsexuals would raise a medical problem in the form of hormone supplements not always being available for such personnel. [31] Leyland v. Orr (1987) was about Air Force member Leyland, a transgender woman, who underwent a gender reassignment surgery before being discharged. The courts ruled this discharge as valid due to the reasoning that Leyland was indeed unfit physically rather than mentally. [32] This judgement was determined by inferring that genital surgery is similar to an amputation surgery, which leaves the individual unable to meet the demands of a soldier. [33]

Obama administration (2009 – 2016)

2009 – 2013

Under Department of Defense Instruction 6130.03, "Medical Standards for Appointment, Enlistment, or Induction in the Military Services" dated July 2, 2012, candidates for military service should not have "[c]urrent or history of psychosexual conditions, including but not limited to transsexualism, exhibitionism, transvestism, voyeurism, and other paraphilias" which is noted as "not a contradiction of the repeal of 'Don't Ask, Don't Tell'" since homosexuality was removed from the list of psychosexual conditions in DSM in 1973. [34]

2013 – 2015

In 2013, Captain Sage Fox, who had enlisted in the Army 1993 and taken time off after transitioning to the Reserves in 2012 to undergo sex reassignment surgery, was ordered to resume active duty, despite policies blocking the service of transgender personnel. [35] [36] After a review, the military concluded that it could not legally discharge her, so Fox was asked to return and serve again as a woman. [36] This made her the first openly transgender person serving in the military. She served for 2 weeks and then she had orders to be placed on the inactive reserve which she believed was due to her gender identity. [36] She was not granted disability but her medical records did not indicate her unfit to serve. In 2016, Obama repealed the transgender ban in the military and Sage Fox was working with the medical board and was expected to be reenlisted. [35]

On March 13, 2014, an advisory panel organized by the Palm Center, a research institute based at San Francisco State University, released a report that found no compelling medical reason for placing limitations on military service by transgender individuals. It said DoD rules that prevented enlistment or continued service by transgender individuals were based on outmoded and untenable ideas about their psychological and physical fitness, and it dismissed concerns about the costs of medical care. It said the DoD's policies could be changed by an executive order. The panel was headed by former Surgeon General Joycelyn Elders and Rear Adm. Alan Steinman, a former chief health and safety director for the Coast Guard. [37] It concluded: [38]

We determined not only that there is no compelling medical reason for the ban, but also that the ban itself is an expensive, damaging and unfair barrier to health care access for the approximately 15,450 transgender personnel who serve currently in the active, Guard and reserve components. Medical regulations requiring the discharge of transgender personnel are inconsistent with how the military regulates all other medical and psychological conditions, and transgender-related conditions appear to be the only gender-related conditions that require discharge irrespective of fitness for duty.

At the time, service personnel were still being dismissed for being transgender despite their satisfactory job performance. The dismissal policy was based on outdated medical diagnoses which suggested gender nonconformity was a mental illness. [39] In May 2014, Secretary of Defense Hagel said his department's policy with respect to transgender service should be reviewed "continually". [40] Later in May, the ban on Medicare coverage for gender reassignment surgery, which had been in place since 1981, was lifted in response to a lawsuit filed in 2013 on behalf of Denee Mallon, a 74-year-old transgender Army veteran. [41] With the end of the ban on openly gay service members, Air Force Secretary Deborah Lee James stated the ban on transgender personnel "is likely to come under review in the next year or so" in a December interview. [42]

Also in May 2014, the Williams Institute published a research brief estimating 15,500 transgender people were serving on active duty or in the Guard/Reserves, and an additional 134,300 transgender people were either veterans or retired from the Guard/Reserves. The brief was based on a six-month survey of over 6,000 transgender people in 2008–09 asking (in part) if they had ever served in the armed forces, or had been denied entry because they were transgender. [43]

2015 – 2016

In February 2015, during his first trip as United States Secretary of Defense, Ash Carter was asked about the service of transgender troops, to which he replied:

... we want to make our conditions and experience of service as attractive as possible to our best people in our country. And I'm very open-minded about [it] — otherwise about what their personal lives and proclivities are, provided they can do what we need them to do for us. That's the important criteria. Are they going to be excellent service members? And I don't think anything but their suitability for service should preclude them. [44]

Days later, the White House echoed Secretary Carter's support of transgender service personnel. [45]

In mid-March 2015, a doctor and major in the United States Army Medical Corps named Jamie Lee Henry became the first known active-duty Army officer to come out as transgender, and the first and only active-duty service member who has changed her name and gender within the United States military, to her knowledge and to the knowledge of other trans activists. [46] In September 2022, Henry and her wife were indicted on conspiracy charges for allegedly attempting to transfer confidential military medical information to Russia. [47]

Starting in March 2015, the Army, Air Force, and Navy issued directives protecting transgender soldiers from dismissal. The Army issued a directive that protected transgender soldiers from being dismissed by mid-level officers by requiring the decision for discharge to be made by the service's top civilian for personnel matters. [48] The Air Force stated that for enlisted airmen, there was no outright grounds for discharge for anyone with gender dysphoria or who identified as transgender, and that a person would only be subject to eviction from the Air Force if his or her condition interfered with their potential deployment or performance on active duty. [49] Navy Secretary Ray Mabus signed a memorandum directed to the chief of Naval operations and commandant of the Marine Corps stating: "Effective immediately, separations initiated under the provisions of the reference for service members with a diagnosis or history of gender dysphoria, who identify themselves as transgender, or who have taken steps to externalize the condition, must be forwarded to the assistant secretary of the Navy (manpower and reserve affairs) for decision." [50]

L-R: Secretary of Defense Ashton Carter, Secretary of the Army John M. McHugh, and Chief of Staff of the Department of Defense Eric Fanning render honors at the LGBT Pride Month ceremony in the Pentagon Auditorium on June 9, 2015. SD, Sec Army and chief of staff of DOD render honors at the LGBT Pride Month ceremony 150609-D-LN567-006.jpg
L–R: Secretary of Defense Ashton Carter, Secretary of the Army John M. McHugh, and Chief of Staff of the Department of Defense Eric Fanning render honors at the LGBT Pride Month ceremony in the Pentagon Auditorium on June 9, 2015.

In the wake of these directives, in July 2015, Secretary Carter ordered the creation of a Pentagon working group "to study over the next six months the policy and readiness implications of welcoming transgender persons to serve openly". [51] He also stated that all decisions to dismiss troops with gender dysphoria would be handled by the Pentagon's acting Under Secretary of Defense for Personnel and Readiness, Brad Carson. [51] Carson would later resign his position in April 2016 following a February 2016 Senate confirmation hearing where he clashed publicly with Sens. Jim Inhofe [R-OK] and John McCain [R-AZ], but he delivered an implementation plan to allow open service by transgender people for Secretary Carter's review as one of his final accomplishments as acting Undersecretary. [52] [53] Although the working group had a January 2016 deadline to finish evaluating the change, there still was no official policy in place by May 2016, and the Pentagon's acting personnel chief stated it would take "months, but not large numbers of months" to finalize transgender military service policy details. [54]

The American Medical Association approved a resolution opposing the ban on openly transgender troops in June 2015. [55] "Transgender Members of the U.S. Military" were listed as one of the nine runners-up for Person of the Year by The Advocate in November 2015. [56]

The Office of the Under Secretary of Defense for Personnel and Readiness asked the RAND National Defense Research Institute to study the implications of transgender service members, including identifying the health care needs of transgender service members, the effect on troop readiness, and the experience of the foreign military forces which allow transgender members to serve openly. RAND estimated in a report published June 2016 that 2,450 active-duty and 1,510 reserve personnel were transgender. Based on the percentage of transgender people seeking gender transition-related medical treatment using private health insurance, RAND further estimated that 29 to 129 active-duty service members would seek transition-related health care benefits per year, increasing military health system costs by 0.13% of the $6 billion military health system annual budget, at a total annual estimated cost of $2.4 to $8.4 million. Readiness was estimated at a decrease of 0.0015% of total available labor-years due to recuperation, and unit cohesion was determined to be minimally affected. The RAND study focused on the service history of transgender personnel in Australia, Canada, Israel, and the United Kingdom, concluding, "in no case was there any evidence of an effect on the operational effectiveness, operational readiness, or cohesion of the force." RAND concluded that calling for "strong leadership support", providing diversity-related "education and training to the entire force", and developing and enforcing "a clear anti-harassment policy" were key best practices. [57] [58] The report had been completed in March 2016, and transgender advocates had accused Secretary Carter of delaying its release because it found there were few obstacles to allowing transgender troops to serve openly. A copy of the RAND report was leaked to and published by The New York Times in May 2016. [52] The RAND cost estimate agreed with an earlier study by Aaron Belkin, who estimated the annual cost of transition-related care would be $5.6 million. [59] On May 23, 2016, the Department of Defense observed the first LGBT Pride Month with openly transgender service members. [60] [61]

2016 – 2019

Obama administration (2016 – 2017)

Secretary Carter announces the end of the ban on transgender personnel in the United States Military on June 30, 2016 160630-D-SK590-092.JPG (27389528933).jpg
Secretary Carter announces the end of the ban on transgender personnel in the United States Military on June 30, 2016

 [...] Americans who want to serve and can meet our standards should be afforded the opportunity to compete to do so. After all, our all-volunteer force is built upon having the most qualified Americans. And the profession of arms is based on honor and trust.
 Army Chief of Staff General Milley recently reminded us of this, when he said, and I quote him, "The United States Army is open to all Americans who meet the standard, regardless of who they are. Embedded within our Constitution is that very principle, that all Americans are free and equal. And we as an Army are sworn to protect and defend that very principle. And we are sworn to even die for that principle. So if we in uniform are willing to die for that principle, then we in uniform should be willing to live by that principle." That's General Milley.

— Ashton Carter, Remarks on Ending the Ban on Transgender Service in the U.S. Military [62]

On June 30, 2016, [63] [64] Secretary Ash Carter made an official announcement and published Directive-Type Memo 16-005 (DTM 16-005), declaring:

  • Effective immediately: [65] [11]
    • [N]o otherwise qualified Service member may be involuntarily separated, discharged or denied reenlistment or continuation of service, solely on the basis of their gender identity.
    • It is the Department's position, consistent with the U.S. Attorney General's opinion, that discrimination based on gender identity is a form of sex discrimination.
  • By October 1, 2016: [65] [11]
    • A training handbook will be developed and published for transgender Service members, commanders, the force, and medical professionals. In addition, guidance will be published for medical care and treatment of transgender Service members.
    • Transgender Service members will be allowed to transition gender while serving in accordance with Department of Defense Instruction 1300.28 (also published on June 30). [66]
    • "The Military Health System will be required to provide transgender Service members with all medically necessary care related to gender transition, based on the guidance that is issued."
  • By November 1, 2016: [11]
    • Implementing guidance and a training and education plan will be issued by each branch of the military, including a scheduled completion date.
  • By July 1, 2017: [65] [11]
    • Training of the force regarding transgender Service members shall be completed.
    • The process of accession (entrance to military service, through enlistment, Service Academies, ROTC, or any similar program) will be opened to transgender individuals, provided they meet the same physical and mental fitness standards as any other applicant.
    • The initial accession policy requires "an individual to have completed any medical treatment that their doctor has determined is necessary in connection with their gender transition, and to have been stable in their preferred gender for 18 months, as certified by their doctor, before they can enter the military".

The Department of Defense (DoD) Instruction 1300.28, "In-service transition for transgender service members", published on June 30, 2016, provided administrative and medical guidance for currently-serving military personnel seeking gender transition. [66] On September 20, 2016, a commander's training handbook was published by the Department of Defense, along with a medical protocol and guidance to change a service member's gender, entitled "Transgender Service in the U.S. Military". [67] On October 3, 2016, non-active duty service members became eligible for the Military Health System to provide behavioral health care and hormone treatments, but not sex reassignment surgery. [63]

On October 26, 10 soldiers in the United States Army became the first to openly petition for a sex change. [68] Also on October 26, the Department of Defense ruled that any form of discrimination against transgender youth was incompatible with an Executive Order issued by then U.S. President Bill Clinton in the year 2000 which directed federal agencies that conduct educational activities to comply with Title IX of the Education Amendments of 1972 and issued a memorandum ordering military youth schools to immediately comply with the 2000 Executive Order. [69]

Capt. Tamara Graham and CMDCM Craig Cole conduct mandatory Navy transgender policy training at the Naval War College in Newport, Rhode Island (January 10, 2017; photograph by Ezra Elliott) Capt. Tamara Graham, chief of staff at U.S. Naval War College (NWC), and Command Master Chief Craig Cole conduct mandatory Department of the Navy transgender policy training - 170110-N-XT779-005 (32132729111).jpg
Capt. Tamara Graham and CMDCM Craig Cole conduct mandatory Navy transgender policy training at the Naval War College in Newport, Rhode Island (January 10, 2017; photograph by Ezra Elliott)

On October 16, 2016, the United States Air Force published its official guidance policy for transgender individuals. [70] The policy announced their support of transgender airmen and that any bias against them would not be tolerated. This allowed transgender individuals to openly serve in the Air Force, along with outlawing any discharge or denying reenlistment based solely on gender identity. [71] The policy also provided medical protocol and assistance for any service member that wished to change their identity. [71]

The United States Army also followed suit and issued its guidance policy for transgender individuals on November 1. [72]

On November 7, 2016, the Navy released its official guidance policy for transgender individuals. [73] The policy allowed any individual regardless of race, gender, or sexual orientation to become a sailor if they can meet Navy standards. [74] Current Navy sailors can transition genders with a diagnosis from a military medical provider stating that the transition is medically necessary for the individual. [74] Policy was adjusted to increase facility privacy and urinalysis protocol. The protocol for physical readiness was unchanged. [74]

On November 10, 2016, 55 sailors in the United States Navy and 48 airpersons in the United States Air Force publicly petitioned for their respective gender confirmation surgeries. [75] [76] On November 29, 2016, the United States Department of Defense Directive 1350.2, the United States Department of Defense Military Equal Opportunity Program, was updated to include gender identity. [77]

First Trump administration (2017 – 2019)

January 2017 – July 2017

From January 20, 2017, to July 25, 2017, the Trump administration's policy was to maintain the existing policy allowing transgender individuals to serve openly in the military while delaying the implementation of enlistment policies for further review. On February 25, 2017, the Military Times learned that some time after Trump was sworn into the presidency, Defense Department schools stopped enforcing an October 26, 2016 Department of Defense ruling which had found that any form of discrimination against transgender youth was incompatible with an Executive Order 13160 of June 23, 2000 issued by U.S. President Bill Clinton in 2000 (which itself directed federal agencies that conduct educational activities to comply with Title IX of the Education Amendments of 1972) and issued a memorandum ordering military schools to immediately comply with the Clinton-era order. [78] [79]

In April 2017, President Trump nominated Army veteran and Tennessee State Senator Mark Green as his second choice for Secretary of the Army. Green was criticized for prior remarks he had made before the Chattanooga Tea Party in September 2016, including his assertion, "if you poll the psychiatrists, they're going to tell you that transgender is a disease." [80] Green withdrew his nomination in May amid strong opposition to his nomination from LGBT advocates, among others, [81] including Daniel Feehan, Principal Deputy Assistant Secretary of Defense for Readiness under the Obama administration, who said Green's prior statements were of "great concern towards military readiness" and could immediately impact unit cohesion. [82] On May 16, 2017, a letter that was signed by dozens of right-leaning groups pushed for banning transgender individuals from the United States military. [83]

On June 2, 2017, the Department of Defense observed the first LGBT Pride Month since the repeal of the ban on open military service by transgender service members in the U.S. military. [84] On June 28, 2017, during the House Armed Services Committee's markup of the National Defense Authorization Act (NDAA) for Fiscal Year 2018, Representative Vicky Hartzler introduced an amendment that sought to reinstate a ban on transgender individuals serving openly in the military. The amendment proposed two primary measures: prohibiting transgender individuals from serving in the military and directing the Secretary of Defense to honorably discharge currently serving transgender service members. [85] Hartzler justified the proposal by citing concerns over military readiness and associated costs. The amendment was ultimately withdrawn the same day due to opposition from committee members and advocacy groups. [86]

On June 30, 2017, the Department of Defense, under Secretary of Defense James Mattis, issued a memorandum titled "Accession of Transgender Individuals into the Military Services – Interim Guidance", which announced a six-month delay in the implementation of a policy that would allow transgender individuals to enlist in the military. The policy, originally set to take effect on July 1, 2017, followed a one-year review period initiated on July 1, 2016, as part of the Obama administration's directive to assess the integration of transgender service members into the military. [87] [88] The decision delayed the enlistment policy to January 1, 2018, to allow additional time for the Pentagon to study its implications on military readiness, cohesion, and budgetary considerations, rejecting requests from the Army and Air Force for a two-year delay. [88] President Trump was reportedly frustrated by what he perceived as unnecessary hesitation and indecisiveness on the part of the Pentagon. [89] In essence, while the Pentagon was operating within its authority to delay implementation for review, Trump might have been annoyed because he expected them to take a firmer stance, which they could not legally do without his directive. This frustration likely influenced his decision to bypass the review process entirely and announce via Twitter on July 26, 2017, that transgender individuals would no longer be allowed to serve in the military in any capacity. [90]

On July 10, 2017, the Trump administration hosted a gathering of religious leaders at the Eisenhower Executive Office Building for a six-hour session. The event included briefings from White House staff and appearances by high-ranking officials, including Vice President Mike Pence. Russell Moore, a religious adviser to President Trump, noted that discussion also touched on the issue of transgender military service. Tony Perkins, president of the Family Research Council, advocated for a ban on transgender individuals serving in the military, though some participants expressed disagreement. [91]

On July 13, 2017, Rep. Hartzler introduced House Amendment 183, an amendment to ban on funding gender reassignment surgeries and medical treatments for transgender military personnel in the NDAA, [92] which was voted down 209–214 when 24 Republicans joined 190 Democrats in opposing the proposal. [89] [93] Before the vote, Secretary Mattis called Hartzler to ask her to withdraw the amendment. [94] After the amendment was defeated, Representative Trent Franks (R-AZ) stated "it seems to me, and all due respect to everyone, that if someone wants to come to the military, potentially risk their life to save the country, that they should probably decide whether they're a man or woman before they do that." Attempts by Franks and others to insert a provision banning the funding in the rules governing a Pentagon spending package failed following pressure for attempting to circumvent regular order. Republican House leaders then sought direct intervention from the White House. Chief strategist Steve Bannon encouraged President Trump to deal with the matter now and played a role in pushing Trump to move ahead with banning transgender individuals from the military, despite the ongoing Pentagon review. [89] [95]

Following the failed vote, House conservatives sought to include the same prohibition in the Make America Secure Appropriations Act, 2018. They pushed for the provision to be added through a procedural maneuver, bypassing a direct vote. However, Speaker Paul Ryan (R-Wis.) and GOP leadership declined to support the move, fearing it would circumvent regular order and alienate moderate Republicans. [89]

July 2017 – 2019

On July 26, 2017, President Donald Trump tweeted: [96] [97]

After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you.

— Donald J. Trump, via Twitter, July 26, 2017 [98]

His tweet had no legal effect on transgender service in the U.S. military as it was a policy pronouncement and not an executive order or an presidential memorandum. The tweet did, however, cause the United States Department of Defense to cease Obama-era policy reviews on how to implement and monitor the integration of transgender service members and shifted to policy review on how to implement the purposed transgender military ban. It also created confusion and uncertainty. The announcement was a surprise to many, as Trump did not campaign in 2016 on banning transgender individuals from serving and enlisting in the U.S. military.

According to Politico and a senior administration official, President Trump had always planned to ban transgender individuals from the military and prohibit the Pentagon funding gender reassignment surgeries, but the fight over prohibiting Pentagon funding gender reassignment surgeries had hastened Trump's decision. According to numerous congressional and White House sources, the tweet was a last-ditch attempt to save a $1.6 billion (~$1.91 billion in 2023) border wall funding provision in the Make America Secure Appropriations Act, 2018. [89] [99] [100]

Trump was criticized for making statements that contradicted the conclusions of the 2016 RAND study. [57] [101] Political commentator Richard Kim observed President Trump's tweets were "a sop to the far-right evangelical faction" in the House of Representatives led by Hartzler, who had threatened the funding for President Trump's planned United States-Mexico border wall if the military continued to spend health care funds for medical treatment of gender dysphoria. [102]

Due to the haste of the announcement, White House officials were unable to answer questions on how the proposed ban would be implemented, or what would happen to those personnel who were openly transgender. [103] Secretary Mattis was only notified about the announcement on July 25. [104] Similarly, Joint Chiefs of Staff Chairman Joseph Dunford noted his surprise at the announcement, saying, "When asked, I will state I was not consulted" in emails dated July 27, 2017 leaked to BuzzFeed News in February 2018. [105] The New York Times noted that the move also marked "a stark turnabout for Mr. Trump, who billed himself during the campaign as an ally of gay, lesbian, bisexual and transgender people". [103] After the president's tweets, Hartzler stated in an interview, "this was the right call by our commander in chief, to make sure every defense dollar goes toward meeting the threats that we are facing in the world ... [T]he entire policy ... is a detriment to our readiness." [89]

The 'Stop Transgender Military Ban' rally outside the White House was held July 29, 2017 2017.07.29 Stop Transgender Military Ban, Washington, DC USA 7728 (36095769372).jpg
The 'Stop Transgender Military Ban' rally outside the White House was held July 29, 2017

The announced reinstatement of the ban was followed by protests in New York City, Washington DC, and San Francisco on July 26, 2017, [106] and a rally was held in front of the White House on July 29. As Trump had not yet outlined specific policy changes, Chairman Dunford announced on July 27, 2017, "there will be no modifications to the current policy until the president's direction has been received by the secretary of defense and the secretary has issued implementation guidance." [107] Senator Kirsten Gillibrand (D-NY) introduced an amendment to NDAA on July 27, 2017, which would prohibit the involuntary discharge, cessation of health care benefits, or changes in responsibility or position (other than promotion, routine reassignment, or deployment) of transgender troops until sixty days after Congress received the results of the six-month study proposed by Secretary Mattis. [108]

Despite the controversy, the Make America Secure Appropriations Act, 2018 passed the House on July 27, 2017. [89]

On August 1, 2017, the Palm Center released a letter signed by 56 retired generals and admirals, opposing the proposed ban on transgender military service members. The letter stated that if implemented, the ban "would cause significant disruptions, deprive the military of mission-critical talent and compromise the integrity of transgender troops who would be forced to live a lie, as well as non-transgender peers who would be forced to choose between reporting their comrades or disobeying policy". [109] The commandant of the United States Coast Guard, Admiral Paul F. Zukunft, made a personal commitment to "not turn my back ... not break faith" with transgender service members in the Coast Guard on August 1, 2017. [110] At the time, it was noted the Coast Guard was part of the Department of Homeland Security, not the Department of Defense, and it was not clear how the proposed ban on transgender service members would affect the Coast Guard. [111]

Presidential Memorandum of August 25, 2017 Presidential Memorandum Regarding Military Service by Transgender Individuals.pdf
Presidential Memorandum of August 25, 2017

In my judgment, the previous Administration failed to identify a sufficient basis to conclude that terminating the Departments' longstanding policy and practice [prohibiting openly transgender individuals from serving in the United States military] would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources, and there remain meaningful concerns that further study is needed to ensure that continued implementation of last year's policy change would not have those negative effects.

— President Donald J. Trump, Presidential Memorandum of August 25, 2017 [112]

In late August, a memorandum was being prepared which would require Secretary Mattis to enforce the ban on transgender personnel within six months. Aaron Belkin, director of the Palm Center, criticized the forthcoming memo for imposing a double standard on transgender troops, calling it "a recipe for disruption, distraction, and waste". [113] On August 25, 2017, President Trump signed a presidential memorandum identifying the guidelines for renewing the ban. [114] In the memo, President Trump stated the ban on transgender personnel in the military will remain effective until "the Secretary of Defense, after consulting with the Secretary of Homeland Security, provides a recommendation to the contrary that I find convincing", ignoring the conclusions of the 2016 RAND study, and further called for a "halt [to] all use of DoD or DHS resources to fund sex reassignment surgical procedures for military personnel", effective March 23, 2018. The memo further required the Secretary of Defense and Secretary of Homeland Security to submit an implementation plan by February 21, 2018. [112] Senator Tammy Duckworth [D-IL] and Representative Nancy Pelosi [D-CA] released separate statements condemning the memorandum; Pelosi stated the memo directed "the Pentagon to hurt and humiliate" transgender service personnel and questioned whether "prejudice, not the national defense" was motivating the action. [115]

If you are willing to risk your life for our country and you can do the job, you should be able to serve—no matter your gender identity or sexual orientation. Anything else is not just discriminatory, it is disruptive to our military and it is counterproductive to our national security. If the President enacts this ban, which would harm our military readiness, the Democratic and Republican Members of Congress who oppose this discrimination must enact legislation that prevents it from taking effect.

— Senator Tammy Duckworth [D-IL], August 24, 2017 statement [116]

Two weeks before sending his directive to the Pentagon, Trump said, "I think I'm doing the military a great favor" by banning trans military members. [104] [117] Representative Donald McEachin (D-VA) was the lead author of a letter to Secretary Mattis on October 10, 2017, requesting records of discussions or correspondence between the White House and the Pentagon that would document or justify that Trump was "doing the military a great favor", including any substantiation of requests for a ban on transgender soldiers originating from senior military or Department of Defense personnel. The letter, which questioned "whether the president, his national security team, and military leaders are actively coordinating policy with one another, or whether the president's transgender ban announcement reflected a breakdown in communication", was co-signed by 114 other Democratic Representatives. [118]

On August 29, 2017, Secretary Mattis announced that currently serving transgender troops would be allowed to remain in the armed services, pending further study. Mattis stated he would set up a panel of experts from the Departments of Defense and Homeland Security to provide recommendations on implementing the President's policy direction. [119] Secretary Mattis formalized the interim policy in an interim guidance issued on September 18, 2017. The interim guidance, which expires no later than February 21, 2018, essentially freezes the policies that were in place before the Presidential Memorandum of August 25. Accession of transgender individuals is still banned per the procedures dated April 28, 2010. Transgender soldiers will not be denied reenlistment, and may not be involuntarily discharged solely on the basis of their gender identity. Medical treatment will continue for service members with a gender dysphoria diagnosis, with the exception that no new sex reassignment surgeries will be permitted after March 22, 2018, unless necessary to protect the health of an individual who has already begun treatment. [120] Mattis named the Deputy Secretary of Defense, Patrick M. Shanahan, and the Vice Chairman of the Joint Chiefs of Staff, General Paul Selva, to head the advisory panel of experts tasked with providing recommendations. [121] [122]

Despite the Interim Guidance, the Presidential Memorandum has attracted significant legal and legislative opposition:

  • Jane Doe v. Trump , a lawsuit filed by GLAD and NCLR on August 9, 2017. A preliminary injunction against the Presidential Memorandum was granted in part on October 30, 2017, [123] but the court vacated this injunction on January 4, 2019. [124] (Injunctions granted by other courts remained in effect.)
  • Stone v. Trump , a lawsuit filed by the ACLU of Maryland on August 28, 2017. Judge Marvin J. Garbis granted a preliminary injunction against the Presidential Memorandum in full on November 21, 2017. [125]
  • Karnoski v. Trump , a lawsuit filed by Lambda Legal on August 28, 2017. [126] A preliminary injunction against the Presidential Memorandum was granted in full on December 11, 2017. [127]
  • Stockman v. Trump , a lawsuit filed by Equality California on September 5, 2017. [128] A preliminary injunction against the Presidential Memorandum was granted in full on December 22, 2017. [129]
  • S. 1820 (September 15, 2017) and H.R. 4041 (October 12, 2017), bipartisan bills in the Senate and House, respectively, to prohibit the involuntary separation or denial of re-enlistment of military personnel solely on the basis of gender identity.

In November 2017, the Defense Health Agency for the first time approved payment for sex reassignment surgery for an active-duty U.S. military service member. The patient, an infantry soldier who identifies as a woman, had already begun a course of treatment for gender reassignment. The procedure, which the treating doctor deemed medically necessary, was performed on November 14, 2017, at a non-military hospital, since military hospitals lacked the requisite surgical expertise. [130]

The accession of transgender individuals was scheduled to be allowed by July 1, 2017, per DTM 16-005, [11] but military leaders asked for a one to two-year delay on accessions, stating more time was needed to review entrance standards and to ensure the success of transgender individuals. [131] In response, Secretary Mattis issued a six-month delay on accessions. [132] With Judge Kollar-Kotelly's decision on October 30, 2017, to enjoin the Presidential Memorandum of August 25, the accession policy reverts to the six-month delay, and the accession of transgender individuals into military service is set to begin on January 1, 2018. [133] [123] Because Secretary Mattis had previously delayed accession by six months in June, the United States Department of Justice Civil Division filed a motion for clarification asking if Secretary Mattis had independent authority to modify DTM 16-005. [134] In a November 27, 2017 order, Judge Kollar-Kotelly stated "Any action by any of the Defendants that changes this status quo is preliminarily enjoined." [135] : 2  As a named defendant, Secretary Mattis does not have authority to change the preliminary injunction order of October 30, which reverts policy to the status quo prior to the Presidential Memorandum of August 25, and accessions are set to start on January 1, 2018. [136] On December 11, Judge Kollar-Kotelly denied the motion for partial stay, noting it took three weeks for USDOJ to file the first appeal, and that she "would have expected Defendants to act with more alacrity" if the January 1, 2018 deadline for accession was unmanageable. [137]

USDOJ filed for emergency stays with the D.C. Circuit (on December 11, for Doe), [138] the Fourth Circuit (on December 14, for Stone), [139] and the Ninth Circuit (on December 15, for Karnoski), [140] seeking to either allow Secretary Mattis to institute a second delay on accession, or narrowing the scope of the injunction to allow accession of only those individuals ruled to have standing. On December 21, 2017, a panel of three judges on the Fourth Circuit denied USDOJ's emergency motion for a stay on Judge Garbis's order. [141] The next day, a panel of three judges on the D.C. Circuit also denied the USDOJ emergency stay motion on Judge Kollar-Kotelly's order. [142] On December 29, USDOJ filed to withdraw their appeal from the Ninth Circuit, [143] which was granted.

Beginning on January 1, 2018, transgender individuals were allowed to join the U.S. military if a licensed medical provider certified that the applicant completed all medical treatment associated with gender transition, has been stable in the preferred gender for 18 months, and if the applicant has completed sex reassignment or genital reconstruction surgery, that 18 months have elapsed since the most recent surgery, no functional limitations or complications persist, and no additional surgeries are required. [144] In February 2018, the Pentagon confirmed that, for the first time, a transgender recruit had signed a contract to enter the U.S. military, joining an estimated 4,000 already serving. [145]

The Presidential Memorandum of August 25, 2017 required Defense Secretary Mattis to provide his recommendations to the President no later than February 21, 2018, but the meeting was postponed. On February 22, The Washington Post reported that Mattis was set to recommend that transgender sailors and soldiers be allowed to continue serving in the military, according to anonymous officials familiar with Mattis's plans. [146] Also on February 22, in Karnoski v. Trump , a motion was filed to compel disclosure as prior documents filed by USDOJ stated the "'new policy' on transgender service" would be released on February 21. [147] : 3 

  • "Transgender persons with a history or diagnosis of gender dysphoria are disqualified from military service, except under the following limited circumstances:"

The memorandum providing the recommendations from Mattis, dated February 22, 2018, was released March 23 alongside the supporting report in a document filed for Karnoski v. Trump. [148] Mattis explained he had formed "a Panel of Experts comprised of senior uniformed and civilian Defense Department and U.S. Coast Guard leaders" to "provide its best military advice, based on increasing the lethality and readiness of America's armed forces", which authored the report attached to the Mattis memorandum. [148] The Panel was convened on September 14, 2017, and met 13 times over a span of 90 days. The names of those on the Panel were not released, but membership was stated by role to include "the Under Secretaries of the Military Departments (or officials performing their duties), the Armed Services' Vice Chiefs (including the Vice Commandant of the U.S. Coast Guard), and the Senior Enlisted Advisors". Meetings were led "by the Under Secretary of Defense for Personnel and Readiness or an official performing those duties". [149] : 17–18  That leadership post was held by Anthony Kurta during the majority of the Panel's tenure until Robert Wilkie was sworn in during November 2017. [150]

Anonymous sources stated that Vice President Mike Pence, Ryan T. Anderson, a research fellow at The Heritage Foundation and author of When Harry Became Sally: Responding to the Transgender Moment , and Tony Perkins, leader of the Family Research Council, led the creation of the report. [151] In summary, Mattis recommended:

  • "Transgender persons with a history or diagnosis of gender dysphoria are disqualified from military service, except under the following limited circumstances:
    1. 36 consecutive months of stability "in their biological sex prior to accession"
    2. For currently serving personnel who are diagnosed with gender dysphoria after accession, "if they do not require a change of gender and remain deployable" they may continue to serve.
    3. For currently serving personnel who were diagnosed with gender dysphoria under the previous policy (outlined by Ash Carter) and prior to the effective date of the new policy, they may continue to serve "in their preferred gender and receive medically necessary treatment for gender dysphoria"
  • "Transgender persons who require or have undergone gender transition are disqualified from military service."
  • "Transgender persons without a history or diagnosis of gender dysphoria, who are otherwise qualified for service, may serve, like all other Service members, in their biological sex."

The Mattis memorandum criticized the prior RAND report, stating "It referred to limited and heavily caveated data to support its conclusions, glossed over the impacts of healthcare costs, readiness, and unit cohesion, and erroneously relied on the selective experiences of foreign militaries with different operational requirements than our own." [148] However, it was also reported that unlike Trump, Mattis preferred to keep transgender people in the military. [152]

For decades, military standards relating to mental health, physical health, and the physiological differences between men and women operated to preclude from military service transgender persons who desired to live and work as the opposite gender.

— Panel of Experts, Department of Defense Report and Recommendations on Military Service by Transgender Persons (Feb 2018) [149] : 3 

The Department of Defense (DoD) report attached to the Mattis memorandum provides recommendations consistent with those summarized in the Mattis memorandum. [149] : 4–6  For the third "limited circumstance" allowing the retention of those who began openly serving as transgender people under the Carter policy, the report concludes with the threat: "should [the Department of Defense] decision to exempt those Service members be used by a court as a basis for invalidating the entire policy, this exemption instead is and should be deemed severable from the rest of the policy", [149] : 43  which would expel that grandfathered class of service members. [153] One journalist called the report "an attempt to retroactively justify Trump's ban [on transgender military service] by lending it a sheen of reason and legitimacy". [151]

The DoD report notes that DoDI 6130.03 provides "baseline accession medical standards" and touts that it "is reviewed every three to four years by the Accession Medical Standards Working Group" but later notes the "standards were consistent with DSM-III" (published in 1980) and "[d]ue to challenges associated with updating and publishing a new iteration of DoDI 6130.03, the DoDI's terminology has not changed to reflect the changes in the DSM". [149] : 8, 10  The DoD report was critical of the RAND report, saying that RAND had "failed to analyze the impact at the micro level of allowing gender transition by individuals with gender dysphoria". Specifically, RAND "did not examine the potential impact on unit readiness, perceptions of fairness and equity, personnel safety, and reasonable expectations of privacy at the unit and sub-unit levels, all of which are critical to unit cohesion", did not "meaningfully address the significant mental health problems that accompany gender dysphoria", and did not address "the scope of the scientific uncertainty regarding whether gender transition treatment fully remedies those problems". [149] : 14 

The DoD report selectively quotes the DSM-5 to define gender dysphoria as "a 'marked incongruence between one's experience/expressed gender and assigned gender, of at least 6 months duration,' that is manifested in various specified ways", [149] : 20–21  which omits the second component of a gender dysphoria diagnosis. According to the American Psychiatric Association, "gender dysphoria diagnosis [in adolescents and adults] involves a difference between one's experienced/expressed gender and assigned gender, and significant distress or problems functioning. It lasts at least six months and is shown by at least two of the following [list of specific symptoms]". [154] According to the summary of DSM-5 paraphrased by the Centers for Medicare & Medicaid Services, "Gender nonconformity itself [is] not considered to be a mental disorder". [155]

In fact, there is a global medical consensus that such care is reliable, safe, and effective. An expectation of certainty is an unrealistic and counterproductive standard of evidence for health policy—whether civilian or military—because even the most well-established medical treatments could not satisfy that standard. Indeed, setting certainty as a standard suggests an inability to refute the research. A wide body of reputable, peer-reviewed research has demonstrated to psychological and health experts that treatments for gender dysphoria are effective.

—  Joycelyn Elders and David Satcher, former U.S. Surgeons General, Statement, March 28, 2018 [156]

The DoD report goes on to cast doubt on the efficacy of treating gender dysphoria: "the available scientific evidence on the extent to which such treatments fully remedy all of the issues associated with gender dysphoria is unclear. Nor do any of these studies account for the added stress of military life, deployments, and combat." [149] : 24  It cites several references to support this conclusion: a study published in 2016 by the Centers for Medicare & Medicaid Services (the "CMS" study), [155] another published in 2011 studying the experience in Sweden (the "Swedish study"), [157] one from Mayo Clinic researchers, [158] and a study published in the Hayes Medical Technology Directory (the "Hayes Directory"). [159]

The scope of the CMS study was limited to determining whether a national coverage decision could be made for gender reassignment surgery. CMS did not assess specific surgery types, nor did CMS "analyze the clinical evidence for counseling or hormone therapy treatments for gender dysphoria". [155] In an interview published in 2015, the lead author of the "Swedish study" stated "People who misuse the study always omit the fact that the study clearly states that it is not an evaluation of gender dysphoria treatment. If we look at the literature, we find that several recent studies conclude that WPATH Standards of Care compliant treatment decrease gender dysphoria and improves mental health." [160] The Mayo Clinic study concluded that gender dysphoria treatment was effective. [161] In a joint statement released on March 28, former Surgeons General Joycelyn Elders and David Satcher were "troubled that the Defense department's report on transgender military service has mischaracterized the robust body of peer-reviewed research on the effectiveness of transgender medical care as demonstrating 'considerable scientific uncertainty.'" [156] A letter from American Medical Association CEO James Madara addressed to Secretary Mattis on April 3, 2018, also criticized the new policy, stating "there is no medically valid reason—including a diagnosis of gender dysphoria—to exclude transgender individuals from military service. Transgender individuals have served, and continue to serve, our country with honor, and we believe they should be allowed to continue doing so." [162]

The DoD report also asserts that using a person's gender identity, rather than their anatomy is inherently unfair since "sex-based standards are based on legitimate biological differences between males and females, it follows that a person's physical biology should dictate which standards apply", going on to fault the "variability and fluidity of gender transition" and providing examples such as "allowing a biological male to meet the female physical fitness and body fat standards and to compete against females in gender-specific physical training and athletic competition, [would undermine] fairness (or perceptions of fairness) because males competing as females will likely score higher on the female test than on the male test and possibly compromise safety". [149] : 30–31  One study has shown that transgender female distance runners have no speed advantage over cisgender women after one year of hormone therapy. [163]

On March 23, 2018, the Trump administration issued a new memorandum stating that Mattis had recommended "transgender persons with a history or diagnosis of gender dysphoria—individuals who the policies state may require substantial medical treatment, including medications and surgery—are disqualified from military service except under certain limited circumstances." [164] Among other declarations, the new memorandum revoked the prior memo of August 25, 2017 and authorized Secretaries Mattis and Kirstjen Nielsen to "implement any appropriate policies concerning military service by transgender individuals". [165]

Based on the new memorandum, in each of the four court cases (Doe, Stone, Karnoski, and Stockman), USDOJ has filed motions to dissolve the preliminary injunctions previously imposed [166] [167] [168] [169] and impose protective orders to halt discovery. [170] [171] [172] The motions to dissolve the preliminary injunctions stated "this new policy [from the Mattis memorandum of February 2018], like the Carter policy before it, turns on the medical condition of gender dysphoria and contains a nuanced set of exceptions allowing some transgender individuals, including almost every Plaintiff here, to serve" and asserted "the military's new policy is constitutional", concluding that challenges to the new policy "should not be litigated under the shadow of a preliminary injunction of a Presidential Memorandum [August 2017] that is no longer in effect". [166] : 1–2  [167] : 1–2  [168] : 1–2  [169] : 1–2 

The policy was stayed in Karnoski vs. Trump (Western District of Washington) on April 13, 2018, when the court ruled that the 2018 memorandum essentially repeated the same issues as its predecessor order from 2017, that transgender service members (and transgender individuals as a class) were a protected class entitled to strict scrutiny of adverse laws (or at worst, a quasi-suspect class), and ordered that matter continue to a full trial hearing on the legality of the proposed policy. [173] [174] [175] [176]

The Trump administration, through Solicitor General Noel Francisco, has submitted petitions of writ of certiorari to the U.S. Supreme Court in November 2018 to rule on the matter on the Karnoski, Stockman, and Doe cases prior to their final judgement, specifically seeking to reverse the stay on the order while the cases otherwise continued in their respective courts. [177] [178]

On January 22, 2019, in two 5-4 orders, split along ideological lines, the U.S. Supreme Court, denied the Trump administration's petition for expedited review of Karnoski v. Trump and Stockman v. Trump. [179] [180] [note 1] . The Court, however, did agree to lift preliminary injunctions issued by the Karnoski and Stockman courts while legal proceedings go forward in lower courts. [179] [181] [182] The injunctions had blocked the reinstatement of restrictions on military service by transgender people. [179] [180] However, the U.S. Defense Department did not implement the policies set forth in the Presidential Memorandum of March 23, 2018, because the preliminary injunction issued by the federal district court in Maryland in Stone v. Trump was not considered by the Supreme Court and remains in effect. [179] [180] The court's five conservative justices, Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh supported the lifting the preliminary injunctions. Mara Keisling wrote, "The Court's extraordinary action [...] is an attack on transgender people around the nation." [183]

The ban went into effect on April 12. [184] [185]

In 2019, Army Capt. Alivia Stehlik, Navy Lt. Cmdr. Blake Dremann, Army Capt. Jennifer Peace, Army Staff Sgt. Patricia King and Navy Petty Officer 3rd Class Akira Wyatt became the first openly transgender members of the United States military to testify publicly in front of Congress when they testified in front of the House Armed Services Committee in support of openly transgender people serving in the military. [186]

2019 – 2021

First Trump administration (2019 – 2021)

Directive-type Memorandum-19-004 reinstated restrictions for transgender personnel and was signed by David L. Norquist on March 12, 2019. It came into effect April 12, 2019 and was slated to expire 11 months later.

The Trump administration policy demands adherence to sex assignment at birth as a condition for military service. Discovery of one's gender identity is a disqualifier.

The Trump administration reissued DoD Instruction 1300.28, with the new version taking effect on September 4, 2020, under the title "Military Service by Transgender Persons and Persons with Gender Dysphoria". It cancels the previous DoD Instruction of the same number, which the Obama administration had issued on October 1, 2016, under the title "In-Service Transition for Transgender Service Members". [187]

On March 28, 2019, the United States House of Representatives passed, with 238 yeas, 185 nays, 1 present, and 8 not voting, H.Res. 124, a non-binding resolution expressing opposition to banning service in the Armed Forces by openly transgender individuals. [188]

On June 13, 2019, celebrating Lesbian, Gay, Bisexual and Transgender Pride Month in the Pentagon Center Courtyard, Senator Tammy Duckworth attacked Directive-type Memorandum-19-004. The Pentagon celebrated Pride Month in 2019 after not doing so in 2018. [189] [190]

Joe Biden administration social media graphic announcing repealing the transgender military ban in January 2021. White House social media graphic about repealing transgender military ban.jpg
Joe Biden administration social media graphic announcing repealing the transgender military ban in January 2021.

2021 – 2025

Biden administration (2021 – 2025)

On Biden's first day in office on January 20, 2021, his press secretary, Jen Psaki, announced in a press conference that the President would soon reverse the government's ban on transgender people from serving openly in the military. [191]

The ban was reversed when Biden signed the "Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform" on January 25, 2021. [192] [193]

Biden announced,

It is my conviction as Commander in Chief of the Armed Forces that gender identity should not be a bar to military service.

— President Joe Biden, Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform, January 25, 2021, Executive Order 14004

On March 31, 2021, the Pentagon announced new policies to take effect April 30. Under the new rules, transgender service members will not be at risk of involuntary discharge and can reenlist. The military will provide support for gender transitions, including medical care and a procedure to change gender marker. [194] [195]

Rachel Levine, assistant secretary in Health and Human Services, was appointed to full admiral on October 19, 2021, when she was sworn in to oversee the U.S. Public Health Service Commissioned Corps. She became the first woman to be a four-star admiral and the first transgender person to be a four-star officer in any uniformed service. [196]

On April 21, 2023, the Mandate for Leadership: The Conservative Promise, a nearly 900-page policy blueprint released as part of Heritage Foundation's Project 2025, calls for reversing policies that allow transgender individuals to serve openly in the United States armed forces and prohibits the use of public monies for transgender surgeries. [197]

On June 22, 2023, the U.S. Army profiled Major Rachel Jones, a transgender woman, on their website and social media accounts to promote mental health care in the military. [198]

In January 2024, Bree Fram was appointed as a colonel in the United States Space Force, becoming the highest-ranking transgender military officer in the United States Department of Defense. [199]

In December 2024, U.S. President Joe Biden signed into law the yearly comprehensive defence authorisation bill - with a provision that explicitly legally bans gender-affirming healthcare for children and minors within military families under Tricare. [200] [201]

Second presidential transition of Donald Trump (2024 – 2025)

On November 25, 2024, at 12:01 AM GMT, The Times , in a report by Alistair Dawber, revealed that Donald Trump would issue an executive order on January 20, 2025, his first day back in office, that would lead to the removal of all transgender service members from the U.S. military, according to defense sources. The proposed policy would result in approximately 1,320 [202] to 15,500 [203] transgender individuals, depending on which survey, currently serving being medically discharged, deeming them unfit for service. The order would also prohibit transgender individuals from enlisting in the armed forces. [204]

This proposed ban is said to be broader in scope than the policy implemented during Trump's first term, which barred new transgender recruits but allowed those already serving to remain. The new policy would reportedly target all transgender personnel, including those with long-standing military careers, a move that critics argue could exacerbate the military's ongoing recruitment challenges. Currently, only the Marine Corps is meeting its recruitment goals, while other branches are struggling to attract enough new members. [204]

Pentagon data from 2021 suggests that about 2,200 service members had been diagnosed with gender dysphoria at the time the previous ban was lifted. The total number of transgender individuals serving is believed to be much higher, though precise figures are difficult to determine due to privacy regulations. With around 1.3 million active duty personnel in the military, the removal of thousands of transgender members would significantly impact the armed forces. [204]

Trump nominated Pete Hegseth, a former major in the U.S. National Guard and a Fox News host, to serve as United States Secretary of Defense. Hegseth has been a vocal critic of what he calls "weak" leadership in the military and has argued against the inclusion of transgender personnel. He has described medical care for transgender individuals as an unnecessary expense and has characterized policies accommodating transgender service members as examples of "trans lunacy". Current transgender service members have expressed concerns that such a policy would not only create personal hardships but also harm the military's operational effectiveness. [204]

Critics highlight the potential loss of experienced personnel in key positions as detrimental during a time of recruitment shortfalls. Karoline Leavitt, spokeswoman for the Trump-Vance transition team, dismissed these reports as speculation. She stated that no decisions have been made and emphasized that only statements directly from Trump or authorized representatives should be considered official policy. [204] On November 24, 2024, at 7:06 PM ET, Marjorie Taylor Greene said that a ban would improve recruitment and save money. [205]

On December 22, 2024, at AmericaFest 2024 President-elect Donald Trump announced plans to reinstate ban transgender individuals from the U.S. military on January 20, 2025. Trump stated, "And I will sign executive orders to [...] get transgender out of the military." This declaration was met with enthusiastic cheers from the predominantly young conservative audience. [206]

Second Trump administration (2025 – present)

January 2025 – May 2025

On January 20, 2025, President Donald Trump issued Executive Order 14148 which revoked several directives from the previous administration, including the Executive Order on Enabling All Qualified Americans to Serve Their Country in Uniform. This revocation removed federal policy protections that ensured transgender individuals could serve openly in the U.S. military, effectively leaving future decisions on transgender service to United States Department of Defense policy. The administration justified this action as part of a broader effort to eliminate diversity, equity, and inclusion (DEI) initiatives within federal agencies. [207] [208] Critics argue that this move undermines civil rights protections and may hinder progress toward inclusivity in the armed forces. [209]

On January 27, 2025, President Donald Trump issued Executive Order 14183. The executive order declares that identification with a gender different from one's assigned sex "conflicts with a soldier's commitment to an honorable, truthful, and disciplined lifestyle, even in one's personal life" and that the use of preferred pronouns along these lines compromises the government's ability to "establish high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity". Additionally, the order prohibits individuals from using or sharing facilities designated for the opposite sex. It also directs that all policies, directives, and guidance issued pursuant to Executive Order 14004 shall be rescinded to the extent that they are inconsistent with the provisions of this order. [210] Speaking at a retreat with House Republicans at his Doral, Florida, the same day he signed executive orders targeting military policy, Trump stated, "To ensure we have the most lethal fighting force in the world, we will get transgender ideology the hell out of our military. It's going to be gone." [211]

The executive order asserts that accommodating gender identities divergent from an individual's assigned sex is inconsistent with military readiness and unit cohesion. It emphasizes the necessity for service members to adhere to high mental and physical health standards to ensure the military's capability to deploy, fight, and win in various conditions. [212] The executive order has been met with criticism from civil rights organizations, which argue that it discriminates against transgender individuals and undermines inclusivity within the armed forces. [213]

On January 28, 2025, the United States Navy issued a memo directing recruiters to reject all transgender applicants, aligning with an executive order signed by President Donald Trump the day before. [214] The order instructed the Department of Defense to craft new policies barring transgender individuals from serving in the military, with a 30-day window for reporting and a 60-day deadline for implementation. [214]

The Navy memo, obtained by Military.com , said, "recruits who self-identify as transgender are not eligible to process for enlistment at this time." [214] It also mandated that any transgender recruits in the delayed-entry program would have their ship-out dates postponed pending further guidance from the Department of Defense. [214] Additionally, the memo included a script for recruiters to inform transgender applicants that their enlistment was not being processed due to "recent policy changes". [214]

The policy shift marked the first known instance of a military branch enforcing Trump's directive before the Pentagon formally finalized its implementation guidelines. [214] Critics of the ban argued that it was issued without a study on the effectiveness of transgender service members or an assessment of any related costs or concerns. [214] A lawsuit challenging the order was filed the day after it was signed, including two transgender individuals actively seeking to enlist—one of whom was working with Marine Corps recruiters. [214]

Navy Recruiting Command, which issued the memo, did not directly respond to questions about Trump's characterization of transgender service members as incompatible with military values. A spokesperson stated that the command was "committed to building a strong, merit-based force" while following all applicable laws and policies. [214]

Also on January 28, 2025, six current transgender service members and two individuals seeking to enlist filed a lawsuit against the executive order, arguing that it is unconstitutional. The federal case, Doe v. Trump , seeks an emergency injunction to prevent the enforcement of the ban. The plaintiffs are represented by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD Law). [215]

On February 6, 2025, the Human Rights Campaign Foundation (HRCF) and Lambda Legal Defense and Education Fund filed a federal lawsuit against the Trump administration, challenging the constitutionality of the transgender military ban. The case, Human Rights Campaign Foundation & Lambda Legal v. Trump , represents six actively serving transgender service members, one transgender individual seeking to enlist, and the Gender Justice League. [216]

On February 7, 2025, Defense Secretary Pete Hegseth issued a memorandum titled Prioritizing Military Excellence and Readiness, outlining new policies restricting transgender service in the military. The memo reaffirmed the Department of Defense's (DoD) mission to maintain strict mental and physical standards, stating that efforts to divide troops along identity lines would not be tolerated. It referenced Executive Order 14183, signed by the President on January 27, 2025, which stated, "'gender identity' divergent from an individual's sex cannot satisfy the rigorous standards necessary for Military Service." [217]

Effective immediately, all new accessions for individuals with a history of gender dysphoria were paused, alongside any scheduled, unscheduled, or planned medical procedures related to gender transition for service members. The policy emphasized that while individuals with gender dysphoria who were already enlisted would be treated with "dignity and respect", they would be subject to additional policy guidance issued by the Under Secretary of Defense for Personnel and Readiness. [217]

On February 13, 2025, the U.S. Coast Guard issued ALCOAST 059/25, aligning with Executive Order 14183 and Secretary of Defense Pete Hegseth's February 7, 2025, memorandum. The directive paused new accessions for individuals with gender dysphoria and halted all gender transition-related medical procedures, including scheduled and planned treatments, for service members. The directive emphasized that individuals with gender dysphoria would be treated with dignity and respect, while further policy guidance was expected. [218]

On February 14, 2025, the U.S. Army announced a policy change that paused all new accessions for individuals with a history of gender dysphoria and all gender-affirming medical procedures for service members. The Army stated that individuals with gender dysphoria who were already serving would be treated "with dignity and respect". [219]

On February 26, 2025, the U.S. Department of Defense (DoD) issued a memorandum titled "Additional Guidance on Prioritizing Military Excellence and Readiness", implementing Executive Order 14183, "Prioritizing Military Excellence and Readiness", which banned transgender individuals from military service. [220] The policy stated that individuals with a current diagnosis or history of gender dysphoria, or who exhibit symptoms consistent with gender dysphoria, are ineligible for enlistment, appointment, or retention in the U.S. military.

The directive superseded prior policies permitting transgender service members to serve openly and repealed previous guidance on gender-affirming medical care. Effective immediately, the policy mandated the separation of currently serving transgender personnel unless they met strict waiver criteria. Additionally, all military records and personnel systems were required to reflect only male or female designations as defined by assigned sex. [220]

The policy became effective on February 26, 2025, with the first reporting deadline set for March 26, 2025. The full implementation, including the rescission and updates of affected DoD policies, was scheduled to be completed no later than June 25, 2025. [220] The first transgender service member who could be discharged under this policy would be eligible for separation beginning March 28, 2025, following the 30-day identification and separation initiation process outlined in the memorandum. [220]

However, on March 18, U.S. District Court Judge Ana C. Reyes ruled that the ban was likely unconstitutional, and she issued a preliminary injunction. [221] [222] [223]

On March 23, Hegseth posted to X sarcastically referring to Reyes as a "top military planner" and calling her "she/they". [224]

Though the Trump administration filed an emergency motion to block Reyes's injunction, the U.S. Court of Appeals for the Ninth Circuit denied the request on March 31. [225]

May 2025 – present

On May 6, 2025, the U.S. Supreme Court stayed Judge Reyes's injunction pending the outcome of the appeal in the Ninth Circuit. [7] [8]

On May 8, 2025, the U.S. Secretary of Defense issued the memorandum titled Implementing Policy on Prioritizing Military Excellence and Readiness. The memo reinstated five earlier Department of Defense (DoD) policy documents from February and March 2025, all aligned with Executive Order 14183. The guidance reaffirmed that individuals with a current diagnosis or history of gender dysphoria (GD), or who exhibit symptoms consistent with GD, are not considered fit for military service. Service members affected by the policy were given the option to voluntarily separate—with deadlines of June 6, 2025, for active duty and July 7, 2025, for reservists—after which involuntary separation procedures would begin. The Under Secretary of Defense for Personnel and Readiness was delegated sole authority to issue further policy guidance as needed. [226]

On May 9, 2025, the U.S. Department of Defense issued the memorandum titled Additional Guidance on Treatment of Gender Dysphoria, which amended and replaced an earlier April 21, 2025 memo of the same name. The guidance clarified that within military medical treatment facilities (MTFs), service members and other covered beneficiaries aged 19 and older would be eligible only for mental health care and counseling related to GD, including diagnostic evaluations. All other forms of GD-related treatment—such as cross-sex hormone therapy—were to be referred to private-sector providers. The memo further emphasized that gender-affirming surgeries, also known as cross-sex or sex-reassignment procedures, remained explicitly excluded from TRICARE coverage, and that MTF staff must not submit referrals for any non-covered GD care. [227]

On May 15, 2025, the Office of the Under Secretary of Defense for Personnel and Readiness issued the memorandum titled Prioritizing Military Excellence and Readiness: Implementation Guidance. The guidance rescinded previous compliance memos related to both the Shilling and Talbott cases and reaffirmed the implementation of earlier policy documents aligned with Executive Order 14183. It outlined procedures for processing both voluntary and involuntary separations of service members diagnosed with, or exhibiting symptoms of, gender dysphoria. Voluntary separation required medical verification and had to be initiated before deadlines set in a May 8 directive. After this window, military departments were instructed to begin identification and involuntary separation of affected service members through the Individual Medical Readiness (IMR) program. The memo also specified privacy safeguards, reentry codes (RE-3), waiver restrictions, and limitations on benefits such as disqualification from SkillBridge. The first compliance reports from service branches were due by June 15, 2025. [228]

On June 6, 2025, under the Additional Guidance on Prioritizing Military Excellence and Readiness, the United States Armed Forces began involuntary administrative separation—with honorable characterization—of Active Component Service transgender personnel who, without a waiver, meet disqualifying criteria, such as having a current diagnosis or history of gender dysphoria, exhibiting symptoms consistent with gender dysphoria, or having a history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery as treatment for gender dysphoria or in pursuit of a sex transition. This marked the end of 8 years, 11 months, and 6 days of open service by Active Component Service transgender members who underwent gender transition in the United States Armed Forces—though between April 12, 2019, and January 24, 2021, such service was permitted only for those who were grandfathered in under previous policy or granted a waiver. On June 7, 2025, Bree Fram announced she had been placed on administrative leave, pending separation under the ban. [229] Reserve Component Service members began involuntary administrative separation—with honorable characterization—on July 7, 2025, under the same policy criteria. This marked the end of 9 years and 1 week of open service by Reserve Component Service transgender members who underwent gender transition in the reserve components of the United States Armed Forces—though between April 12, 2019, and January 24, 2021, such service was permitted only for those who were grandfathered in under previous policy or granted a waiver.

On July 11, 2025, the Senate Armed Services Committee approved an amendment to the fiscal year 2026 National Defense Authorization Act (NDAA) introduced by Senator Tommy Tuberville (R‑AL) that would prohibit the Department of Defense from using funds or facilities to "perform or facilitate sex change surgeries". The amendment passed in a 14–13 party-line vote within the committee. [230]

The Tuberville amendment targets surgical procedures only and does not ban hormone treatments or prohibit transgender individuals from serving in the military. As such, it constitutes a funding limitation rather than a statutory service ban. As of July 2025, no version of the NDAA includes provisions codifying Executive Order 14183, which bans individuals diagnosed with gender dysphoria from serving in the military. [231] In parallel, the House-passed fiscal year 2026 defense appropriations bill included language that would restrict TRICARE coverage for gender-affirming care for minor dependents and bar relocation assistance for families seeking gender transition services through the Exceptional Family Member Program. [230]

On August 7, 2025, Reuters reported that the United States Air Force had denied all pending requests for early retirement under the Temporary Early Retirement Authority (TERA) from transgender service members with between 15 and 18 years of service, opting instead to separate them without retirement benefits. [232] According to an August 4 memorandum signed by Brian Scarlett, performing the duties of the Assistant Secretary of the Air Force for Manpower and Reserve Affairs, all TERA exception-to-policy requests for this service range were disapproved, including some that had already been approved and were subsequently rescinded. [232]

The decision followed a May 23, 2025, policy memo stating that airmen with 15–18 years of service could request early retirement. Under the revised policy, those with 18–20 years of service remained eligible for prorated retirement, while those with less than 15 years received separation under existing rules. [232] The Air Force indicated that affected personnel would instead receive lump-sum separation payments but no retirement pensions. Transgender rights advocates criticized the move as a betrayal, citing the loss of hundreds of thousands of dollars in lifetime benefits. Shannon Minter of the National Center for LGBTQ Rights described the change as "devastating". [232]

Transgender personnel in U.S. defense and private security contractors

Company / operating nameFirst documented inclusion of gender identity/expression in non-discrimination policyStart of PMC operations
Amentum Government Services Holding LLC Yes check.svg (since February 2, 2012) [233] February 4, 2020
Constellis Holdings, LLC Yes check.svg (by at least November 1, 2022) [234] December 26, 1997 (as Blackwater Lodge and Training Center, Inc.)
Imperatis Corporation Emblem-question.svg Since at least 2004 (as a PMC)
KBR, Inc. Yes check.svg (by at least 2021) [235] August 5, 1992 (as Brown & Root Services, a division of Halliburton Company)
MAG DS Corp. Yes check.svg (by at least 2025)July 16, 2009 (as MAG Aerospace)
The Mission Essential Group, LLC Yes check.svg (by at least 2021)January 22, 2004
MVM, Inc. Yes check.svg (by at least 2025)Since at least March 2004 (as a PMC)
Northrop Grumman Technical Services, Inc. Yes check.svg (by at least 2007) [236] January 1, 2006
Parsons Corporation Yes check.svg (by at least 2020) [237] Since at least March 11, 2004 (as a PMC)
Aggressive Training Solutions Yes check.svg July 7, 2006
Vinnell Corporation Yes check.svg (by at least 2007; covered by Northrop Grumman non-discrimination policy) [236] 1975

In United States Department of Defense policy, the restrictions described here apply only to the ability of transgender personnel employed by private military and security companies (PMSCs) to deploy as Contractor Personnel Authorized to Accompany the Force (CAAF), and do not constitute a general ban on the employment of transgender individuals by such companies. [238] Transgender personnel remain eligible for overseas employment in non-CAAF roles that are not embedded with U.S. armed forces and are not subject to theater-entry medical standards, such as certain host-nation, allied government, or civilian contracts. In DoD policy, CAAF designation applies to contractor employees who deploy with U.S. armed forces in contingency operations, and requires compliance with theater-entry medical standards set by combatant commands such as United States Central Command (USCENTCOM). [239]

Prior to June 30, 2016, Department of Defense medical accession and retention regulations listed "transsexualism" and "gender identity disorder" as disqualifying conditions, rendering openly transgender contractor personnel ineligible for CAAF deployment even if they could be employed in non-deployable roles by a PMSC. [240] On June 30, 2016, Secretary of Defense Ash Carter announced the end of the military ban on open transgender service, with corresponding changes to deployment standards that permitted transgender contractor personnel to deploy in CAAF roles if they were otherwise medically qualified. [241]

On April 12, 2019, the Trump administration implemented restrictions barring most transgender individuals from serving in the military, which also applied to CAAF personnel through updated theater-entry medical criteria. [242] Under this policy, some CAAF personnel who had deployed prior to its implementation were "grandfathered" and permitted to continue in-theater under existing contracts, provided they remained medically qualified and did not have a break in service. [243] On January 25, 2021, President Joe Biden issued an executive order reversing the 2019 restrictions, restoring open service and CAAF eligibility for transgender contractor personnel. [13]

Following the Supreme Court’s May 6, 2025 decision allowing the reinstatement of the transgender military ban during ongoing litigation, the Department of Defense updated USCENTCOM’s MOD 17 theater-entry medical standards, with enforcement beginning on June 6, 2025. [244] Under the 2025 policy, no grandfather provision was announced, and transgender contractor personnel serving in CAAF roles became ineligible for deployment alongside U.S. forces in contingency operations.

Opinion polling

Date(s) conductedSupport banOppose banDon't know / NAMargin of errorSampleConducted byPolling type
May 1 – May 5, 202526%37%37%±4%1,175 adults AP-NORC Center Poll Mixed online and telephone interviews (landline & cell phones)
January 31 – February 2, 202540%55%±4%1,032 adults Reuters/Ipsos Online survey
January 29, 2025 – January 30, 2025 & February 2, 202554%41%±3%1,325 US likely voters Rasmussen Reports National telephone and online survey
January 21 – January 27, 202535%58%7%±6%1,001 random 18+ adults Gallup Landline telephones and cellular phone interviews
November 27 – November 29, 202441%47%11%±2.61,411 adults I&I/TIPP Poll Online survey
January 22, 2024 – January 27, 202428% [245] 50% [245] 22% [245] ±2.9%2,000 U.S. adult citizens YouGov Survey Web-based interviews
30% [246] 47% [247] 23% [247]
May 3, 2021 – May 18, 202131%66%3%±4%1,016 American adults Gallup Telephone
May 15, 2019 – May 30, 201926%71%2%±4%1,017 adults Gallup Telephone
April 9, 2019 – April 20, 201932%63%5%±3.5%1,100 adults PRRI Landline and cellphone
January 25, 2019 – February 16, 201924%59%8%±2%8,823 adults Reuters / Ipsos Online
January 25, 2019 – January 28, 201922%70%8%±3.1%1,004 voters Quinnipiac University Poll Online
January 25, 2019 – January 26, 201941%59%±3.7%1,000 registered voters The Hill / HarrisX Live interviewers call landlines and cell phones
January 22, 2019 – January 23, 201944%43%±13%1,000 registered voters Rasmussen Reports Likely voters
March 25, 2018 – March 27, 201834% [248] 49% [248] 13% [248] ±3.4%1,500 adults The Economist / YouGov Poll Web-based interviews
34% [249] 48% [249] 18% [249]
December 14, 2017 – December 17, 201723%73%5%±3.6%1,001 adults CNN / ssrs Live interviewers call landlines and cell phones
August 2, 2017 – August 8, 201730%64%6%±2.7%2,024 adults PRRI Landline and cellphone
July 27, 2017 – August 1, 201727%68%5%±3.4%1,125 voters Quinnipiac University Poll Live interviewers call landlines and cell phones
July 27, 2017 – July 29, 201721%68%11%±2%1,972 registered voters Morning Consult National Tracking Poll Online
July 26, 2017 – July 28, 201727%58%16%±3.2%1,249 adults IPSOS / REUTERS POLL DATA Archived August 16, 2017, at the Wayback Machine Online
July 26, 2017 – July 27, 201744%45%11%±3%1,000 registered voters Rasmussen Reports Likely voters

Demographics

Research has found that transgender people are significantly more likely to serve in the United States military than the general population. [250] [251] In 2014, the Williams Institute at the UCLA School of Law estimated that approximately 15,500 transgender individuals were serving on active duty or in the National Guard or Reserve, based on data from the National Transgender Discrimination Survey combined with U.S. military service rates. [252] According to the same 2014 study, despite the ban on open military service at the time, about 21.4% of the total transgender population in the U.S. was estimated to have served in the military. About 32% of transgender individuals in the U.S. who are assigned male at birth serve or have served in the military, compared to 5.5% for transgender individuals assigned female at birth. [252] The report noted, "[t]he American military employs more transgender people than any other organisation in the world: around 15,500 ... more than 6,000 of whom are on active duty." [253]

In 2016, the Williams Institute updated its estimate to approximately 12,800 transgender service members using revised survey and demographic data. [254] That same year, a RAND Corporation study commissioned by the Department of Defense estimated between 1,320 and 6,630 transgender personnel on active duty, and between 830 and 4,160 in the Selected Reserve. [255] The 2016 Workplace and Gender Relations Survey of Active Duty Members found that approximately 9,000 service members self-identified as transgender. [256] In 2018, the Department of Defense reported that 8,980 service members self-identified as transgender in personnel records, and 1,071 had been diagnosed with gender dysphoria in the preceding year. [257]

In 2019, the Department of Defense stated that approximately 1,400 service members had been diagnosed with gender dysphoria, and fewer than 10 were receiving gender reassignment surgery. [256] In 2020, a study published in the journal Transgender Health estimated that approximately 8,000 transgender individuals were serving on active duty in the U.S. military, based on a descriptive analysis of service member records. [258] In December 2024, Pentagon officials stated that 4,240 active-duty, National Guard, and Reserve troops had been diagnosed with gender dysphoria, a figure used by the department as a proxy for the number of transgender service members. [259] On May 15, 2025, a senior Department of Defense official confirmed in a background briefing that the estimate of roughly 4,200 service members was based on the December 2024 count and that no updated figure had been produced. [260]

United States Department of Defense (USDoD) Military Equal Opportunity (MEO) Program

The USDoD Military Equal Opportunity (MEO) Program is governed by "DoDI 1350.02: DoD Military Equal Opportunity Program (Change 1, effective December 20, 2022)" (PDF). DoD Issuances (Directives Division). U.S. Department of Defense. September 4, 2020. Retrieved August 17, 2025., which implements the policy framework set by DoDD 1020.02E. Prior to July 17, 2025, “gender identity” was listed as a protected category under the MEO program. However, Change 3 to DoDD 1020.02E, effective July 17, 2025, removed “gender identity” from the list of prohibited bases of discrimination in accordance with Executive Order 14168.

Under current policy:

This change means that the MEO program no longer provides an avenue for alleging unlawful discrimination based solely on gender identity. Any such allegations must now be pursued through other applicable complaint or grievance processes rather than under MEO policy. [261]

United States Department of Defense (USDoD) Civilian Equal Employment Opportunity (EEO) Program

The USDoD Civilian Equal Employment Opportunity (EEO) Program is also established under DoDD 1020.02E and implements the protections required by Title VII of the Civil Rights Act of 1964 as interpreted by Bostock v. Clayton County (2020), which prohibits employment discrimination on the basis of gender identity and sexual orientation for federal employees. Although Change 3 to DoDD 1020.02E, effective July 17, 2025, removed “gender identity” from the DoD's internal list of protected bases, these protections remain enforceable for DoD civilian employees under federal law and the jurisdiction of the Equal Employment Opportunity Commission (EEOC). [262] As a result, transgender individuals can still be hired into DoD civilian positions and can pursue discrimination claims through the EEOC process even though “gender identity” is no longer explicitly named in DoD Directive 1020.02E.

Administrative separation

Discharges

The discharge of transgender individuals from the United States military has historically been an underreported issue, with official statistics rarely recorded. Prior to policy changes in recent years, transgender individuals were often discharged under medical or administrative grounds, typically categorized as "unsuitability" or "unfitness" for service. In April 2015, the Palm Center reported that at least a dozen transgender individuals had been discharged within a six-month period, between October 2014 to March 2015, despite the lack of official data documenting such cases. [263]

Prior to the lifting of the transgender military ban on June 30, 2016, the U.S. Department of Defense classified transgender identity as a disqualifying medical condition under its medical fitness standards, such as DoDI 6130.03, which listed "psychosexual conditions", including "transsexualism", as grounds for administrative separation. [264] [265] The final publicly known discharge of a service member under this policy occurred in November 2015, when Army Corporal Laila Villanueva (now known as Laila Ireland) was medically retired. [266] Villanueva had served in the Army for over a decade and began her gender transition while still in uniform. Despite receiving support from her chain of command, she was ultimately separated under the medical regulations in place at the time. [267]

Villanueva's discharge occurred during a Pentagon-imposed administrative "pause" on transgender separations. In July 2015, Defense Secretary Ash Carter announced that no service member could be discharged solely for being transgender without approval from the Under Secretary of Defense for Personnel and Readiness. [265] While this effectively suspended most discharges, Villanueva was still medically retired later that year—indicating that the ban remained enforceable through medical classification. Her case was one of the last known separations tied to gender identity before the formal repeal of the ban.

According to "a DOD official", as reported by writer Chris Bray on July 25, 2025, a total of 1,404 service members had voluntarily entered the separation process due to gender dysphoria between May 8 and May 31, 2025. Of those, four had completed their separation from the military, while the remaining 1,400 were still awaiting completion of the process. [268] Using the Pentagon's 2025 estimate of about 4,200 active-duty transgender personnel, [269] this represents approximately 33.43% of the estimated transgender population entering separation during that short window.

These four separations were the first known discharges under a reinstated ban on transgender military service, marking the resumption of such removals after a gap of approximately nine years and six months since the last publicly confirmed case in November 2015. Bray noted that a more complete breakdown by service branch, component, and rank had not yet been released, and that congressional oversight might be required to obtain a comprehensive accounting. [268]

Although only 0.28%—equivalent to 0.10% of an estimated 4,200 active-duty transgender personnel—of those who entered the voluntary separation process had been discharged by May 31, 2025, the remainder are expected to finalize by early 2026, given standard administrative separation timelines. [270] If completed on that schedule, the 1,404 discharges alone would account for 33.43%—more than one-third—of the active-duty transgender force, excluding additional voluntary or involuntary separations initiated after May. [271]

Comparatively, at the height of separations under the Department of Defense's ban on service by homosexual individuals—prior to the pre-1994 Don't Ask, Don't Tell (DADT) policy—fiscal year 1982 (October 1, 1982 to September 30, 1983) saw 1,998 total discharges, equivalent to 1.09% of the estimated 91,500 active-duty LGB personnel at the time. [272] Based on current Pentagon estimates, the projected 2025 transgender discharge rate of 33.43% is approximately 30.67 times higher—also more than six times higher than the best historical estimate for the 1944 peak of homosexual discharges during World War II, when roughly 4,000 were separated, representing about 4–5% of the estimated 75,000–100,000 LGB personnel in service that year. [273] [270]

Certificate of Release or Discharge from Active Duty

Under Directive-Type Memorandum 19-004, Military Service by Transgender Persons and Persons with Gender Dysphoria, Department of Defense Instruction 1300.28, Military Service by Transgender Persons and Persons with Gender Dysphoria, discharges of service members separated under the transgender policy will be classified as honorable, unless the member’s overall record warrants a lower characterization. there are no known discharges under either DoD issuances. Under the Additional Guidance on Prioritizing Military Excellence and Readiness, discharges will be classified as honorable, unless their service record justifies a lower rating, their discharge will be classified as honorable. [17]

While JFF is considered benign and inconsequential to clearance reviews or civilian job prospects, JDK carries an explicit national security label that can draw heightened scrutiny, create stigma, and potentially hinder clearance-dependent employment. One transgender officer remarked that the designation has “become a bit of a morbid joke” among transgender troops, noting, “I know a couple of people, at least, who have already gotten tattoos that say ‘national security threat.’” A Defense Department official has clarified that the JDK code alone does not automatically mean a security clearance has been revoked. [228] [274] [275]

Veterans

Costs of publicly funded gender-affirming surgeries in the U.S. military

Fiscal year(s)Total United States Armed Forces healthcare budgetEstimated gender‑affirming care costs% of budget
2015$47.8 billion (equivalent to $63.41 billion in 2024)$6.7 million (equivalent to $8.89 million in 2024)0.0140% [263]
2016$41.7 billion (equivalent to $54.63 billion in 2024)$2.4–8.4 million (equivalent to $3.18–11.01 million in 2024)0.0058%–0.0201% [280]
2017$43.3 billion (equivalent to $55.54 billion in 2024)$4.2 million (equivalent to $5.39 million in 2024)0.0097% [281]
2017–2026$480–500 billion (equivalent to $615.74–641.39 billion in 2024)$1.3 billion (equivalent to $1.67 billion in 2024)0.260%–0.271% [282]
2017$43.3 billion (equivalent to $55.54 billion in 2024)$2 million (equivalent to $2.57 million in 2024)0.0046% [283]
2016–2018$48–50 billion (equivalent to $50.22–52.32 billion in 2024)$8 million (equivalent to $8.37 million in 2024)0.0160%–0.0167% [284]
2019$50.6 billion (equivalent to $62.23 billion in 2024)$6.8 million (equivalent to $8.36 million in 2024)0.0134% [285]
2016–2020$249.9 billion (equivalent to $269.48 billion in 2024)$4–6 million (equivalent to $4.31–6.47 million in 2024)0.0016%–0.0024% [286]
2016–2020$249.9 billion (equivalent to $269.48 billion in 2024)$3 million (equivalent to $4.31 million in 2024)0.0012% [287]
2018–2020$138.3 billion (equivalent to $142.53 billion in 2024)$2.4–5.6 million (equivalent to $2.47–5.77 million in 2024)0.0017%–0.0040% [288]
2016–2021$310 billion (equivalent to $350.02 billion in 2024)$15 million (equivalent to $16.94 million in 2024) ($3.1 million (surgeries only; equivalent to $16.94 million in 2024))0.0048% [289]
2015–2024$7.535 trillion (equivalent to $10 trillion in 2024)$52 million (equivalent to $68.98 million in 2024)0.0007% [290]

See also

Notes

  1. ↑ Because they came to the Supreme Court on appeal by the Trump administration the correct case captions are Trump v. Karnoski and Trump v. Stockman.

References

  1. ↑ "Transgender Military Guidance Legal Filing" (PDF). Thomson Reuters. March 21, 2025. Retrieved March 28, 2025.
  2. ↑ "MOD SEVENTEEN TO USCENTCOM INDIVIDUAL PROTECTION AND INDIVIDUAL/UNIT DEPLOYMENT POLICY" (PDF). U.S. Central Command (PDF). United States Central Command. April 17, 2023. p. 23. Retrieved August 25, 2025.
  3. ↑ (Supreme Court of the United StatesApril 24, 2025)("The Department fully recognizes that many transgender individuals have served, and continue to serve, honorably in the Armed Forces."), Text .
  4. ↑ Charalambous, Peter; Negussie, Tesfaye (February 18, 2025). "'Unadulterated animus': Judge blasts DOJ about transgender military restrictions". ABC News. Retrieved August 13, 2025.
  5. ↑ "Transcript of a Senior Defense Official Background Briefing on Prioritizing Military Excellence and Readiness: Implementation Guidance". U.S. Department of Defense. May 15, 2025. Retrieved August 13, 2025.
  6. ↑ "Shilling v. United States, 2:25-cv-00241 - CourtListener.com". CourtListener. Retrieved April 19, 2025.
  7. 1 2 3 Howe, Amy (May 6, 2025). "Supreme Court allows Trump to ban transgender people from military". SCOTUSblog. Retrieved May 6, 2025.
  8. 1 2 "United States v. Shilling" (PDF). U.S. Supreme Court. May 6, 2025. Retrieved May 6, 2025.
  9. ↑ Renshaw, Jarrett (May 8, 2025). "U.S. military to start kicking out transgender troops next month, memo says". Reuters. Archived from the original on May 8, 2025. Retrieved May 8, 2025.
  10. ↑ "DoD LGBTQ+ Timeline" (PDF). Naval History and Heritage Command. Retrieved December 25, 2024.
  11. 1 2 3 4 5 6 "Directive-Type Memorandum (DTM) 16-005: Military Service of Transgender Service Members" (PDF). U.S. Department of Defense. June 30, 2016. Archived from the original (PDF) on July 13, 2016. Retrieved March 27, 2025.
  12. ↑ "Transgender U.S. military recruits enlist amid uncertainty". Reuters. January 14, 2018. Retrieved March 27, 2025.
  13. 1 2 "Enabling All Qualified Americans To Serve Their Country in Uniform". Federal Register. January 28, 2021. Retrieved March 27, 2025.
  14. ↑ "Directive-Type Memorandum (DTM) 19-004: Military Service by Transgender Persons and Persons with Gender Dysphoria" (PDF). U.S. Department of Defense. March 12, 2019. Archived from the original (PDF) on April 8, 2019. Retrieved March 27, 2025.
  15. ↑ "DoD Instruction 1300.28: Military Service by Transgender Persons and Persons with Gender Dysphoria" (PDF). U.S. Department of Defense. September 4, 2020. Retrieved March 27, 2025.
  16. ↑ "Prioritizing Military Excellence and Readiness" (PDF). U.S. Department of Defense. February 7, 2025. Retrieved March 28, 2025.
  17. 1 2 "Additional Guidance on Prioritizing Military Excellence and Readiness" (PDF). U.S. Department of Defense. February 26, 2025. Retrieved March 28, 2025.
  18. ↑ "Fact Sheet: Transgender Service in the U.S. Military". Obama White House Archives. June 30, 2016. Retrieved December 25, 2024.
  19. ↑ "Transgender People Are Now Allowed to Enlist in the Military". NBC News. January 1, 2018. Retrieved December 25, 2024.
  20. ↑ "Trump's Transgender Military Policy Takes Effect". NPR. April 12, 2019. Retrieved December 25, 2024.
  21. ↑ "Biden Reverses Trump Ban on Transgender Military Service". NPR. January 25, 2021. Retrieved December 25, 2024.
  22. ↑ "Trump Vows to Reinstate Military Ban on Transgender Troops". The New York Times. December 22, 2024. Retrieved December 25, 2024.
  23. ↑ Blanton, DeAnne (Spring 1993). "Women Soldiers of the Civil War". National Archives and Records Administration. Retrieved April 9, 2018.[ permanent dead link ]
  24. ↑ Righthand, Jess (April 7, 2011). "The Women Who Fought in the Civil War". Smithsonian Institution. Archived from the original on April 10, 2018. Retrieved April 9, 2018.
  25. ↑ Clausius, Gerhard P. "The Little Soldier of the 95th: Albert D.J. Cashier". Journal of the Illinois State Historical Society. University of Illinois Press. Archived from the original on July 26, 2018. Retrieved April 9, 2018.
  26. ↑ Long, Tony (December 2010). "Dec. 1, 1952, Ex-GI Becomes Blonde Beauty". Wired. Archived from the original on August 28, 2017. Retrieved August 28, 2017.
  27. ↑ "Executive Orders". National Archives. August 15, 2016.
  28. ↑ "Our History". Archived from the original on January 26, 2019. Retrieved January 26, 2019.
  29. ↑ Readler, Chad A.; Shumate, Brett A.; Griffiths, John R.; Coppolino, Anthony J. (October 4, 2017). "Defendants' Motion to Dismiss and Opposition to Plaintiffs' Application for a Preliminary Injunction, Civil Action No. 17-cv-1597 (CKK)" (PDF). National Center for Lesbian Rights. Archived (PDF) from the original on December 11, 2017. Retrieved April 13, 2018.
  30. ↑ Somashekhar, Sandhya (July 13, 2015). "Military to allow transgender members to serve openly". The Washington Post. Retrieved June 10, 2021.
  31. ↑ Doe v. Alexander, 510F.Supp900 (D. Minn.1981).
  32. ↑ Leyland v. Orr, 828F.2d584 (9th Cir.1987).
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  246. ↑ Would you support or oppose banning transgender people from serving in the military?
  247. 1 2
  248. 1 2 3 Do you favor or oppose allowing transgender people to serve openly in the military?
  249. 1 2 3 Do you approve or disapprove of Donald Trump issuing a ban on transgender people serving in the military?
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