The Pentagon has detailed its new policy on transgender troops in a court document, indicating that any recruit or service member diagnosed with or treated for gender dysphoria is barred from service unless they are found to satisfy a specific warfighting requirement and adhere to strict behavioral controls.
The policy memo, which is a part of a lawsuit opposing President Donald Trump’s executive order prohibiting transgender military service, contends that military effectiveness and integrity are at odds with the issues that confront transitioning personnel. The submission maintains that gender is immutable, such that it does not alter during an individual’s life.
Exceptions for Transgender Enlistment and Service
The new policy provides two exceptions. First, transgender individuals seeking to enlist can apply on a case-by-case basis if they demonstrate direct support for warfighting activities. Second, existing service members diagnosed with gender dysphoria must prove they fulfill a specific warfighting requirement, have not transitioned to their identified gender, and remain stable in their biological sex for at least 36 months without experiencing significant distress.
If they received a waiver, transgender servicemembers would still be governed by regulations identifying only their biological sex. This would impact their right to use the bathroom facilities, sleeping arrangements, and official designation, such as being called “Sir” or “Ma’am” based on their biological sex.
Transgender Troops in the Military
Gender dysphoria arises when the sex one is born with is different from their gender identity. Transgender military personnel comprise a minute proportion of the total force of the military, yet the topic has drawn major White House and Pentagon attention.
Because of medical privacy statutes, the number of transgender soldiers is not known. Yet a 2018 independent analysis by the Palm Center, an LGBTQ research institution, estimated that about 14,000 transgender members serve among the over 2 million active-duty military personnel.
A Controversial Policy Under Legal Scrutiny
Trump had attempted to introduce a ban on transgender military service in his initial term, but the policy got caught up in court cases. It stayed stuck until President Joe Biden came in and reversed the ban, making it possible for transgender people to serve openly again.
The most recent court filing reignites the controversy surrounding transgender inclusion in the military, with activist groups and lawyers watching closely how the policy plays out and its possible effects on troops.
