The Department of Defense’s new directive mandates the discharge of transgender service members not meeting specific standards within 30 days.
Quick Takes
- Transgender service members may face discharge unless meeting new directives.
- Waivers are available if there’s a compelling interest in retaining a service member.
- The policy enforces the recognition of only two biological sexes.
- Challenges to similar policies have had varying success through legal systems.
Discharge Directive for Non-Compliant Service Members
The Pentagon is set to remove transgender service members not adhering to new guidelines within 30 days unless a specific waiver is granted. With this new policy, members diagnosed with gender dysphoria or who have attempted any form of gender transition will be processed for separation. The directive marks a significant shift from previous approaches under different administrations, where policies regarding transgender service varied substantially.
Those interested in retaining their position must demonstrate a stable identity in their biological sex for 36 consecutive months without significant distress. The policy emphasizes biological sex-based compliance with all fitness and grooming standards.
Historical Shifts in Military Policy
Under President Obama, restrictions on transgender service were lifted, allowing open service, with plans to accept transgender recruits by 2017. The Trump administration, however, delayed and later rescinded these policies, citing considerations related to military readiness and effectiveness. Despite controversies, orders were signed prohibiting transgender individuals from serving openly and participating in gender-specific activities.
“Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria will be processed for separation from military service,” said a US Defense Department memo.
The policy outlines reliance on biological sex for facility usage, prohibits funds for transition procedures, and allows exceptions under particular military needs, subject to stringent conditions. Legal challenges have continually shaped and reshaped policy enactments, with courts previously upholding bans that were later overturned.
Legal and Policy Considerations
President Biden’s earlier reversal of the transgender ban was met with renewed restrictions as President Trump reinstated initial measures leading to ongoing legal confrontations. These challenges contest the notion of discharge based on transgender identity while considering potential impacts on service members, including loss of benefits.
Despite debates, the Department of Defense maintains that gender transitions contradict military intensity, with gender recognized as “immutable, unchanging during a person’s life.” Waivers are contingent upon proving no attempts at transitioning and meeting stability criteria for a minimum of three years.
