Pentagon plans to discharge transgender service members

The Pentagon plans to discharge transgender service members who do not meet specific criteria under its new policy, according to official guidance released in a court filing on Wednesday.

The memo, signed by the official performing the duties of the Under Secretary of Defense for Personnel and Readiness, outlines the policy, which states that service members who have a current diagnosis, a history of, or exhibit symptoms of gender dysphoria will be processed for separation from the military. The guidance was included in an ongoing legal challenge to the Pentagon’s policy.

According to the memo, the Department of Defense recognizes only two sexes: male and female. It asserts that a person’s sex is immutable throughout their life and that all service members must serve in accordance with their designated sex.

This policy follows an executive order signed by President Donald Trump in January, directing the Pentagon to implement policies that consider transgender service members incompatible with military service. The number of transgender individuals in the military remains unclear, but an independent study in 2018 estimated around 14,000 transgender troops.

Exceptions to this rule include if there is a "compelling Government interest" that directly supports warfighting capabilities or if the individual is willing to meet all standards associated with their designated sex.

A service member can also remain in service if they can demonstrate "36 consecutive months of stability" in their designated sex with no significant distress or impairment, if they have never attempted to transition to a different sex, and if they agree to adhere to all applicable standards for their sex.

This document surfaced as part of the legal challenge to Trump’s executive order. During hearings, U.S. District Judge Ana Reyes described the executive order as "arguably rampant with animus," signaling she may rule in favor of several transgender service members and two transgender individuals seeking to join the military. Judge Reyes, appointed by President Biden, has yet to decide on an indefinite block of the order, pending further legal arguments and a hearing next month.