A Pentagon memo issued on Wednesday (Feb. 26) mandates the identification and separation of transgender service members unless they qualify for an exemption.
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Pentagon Memo Orders Identification and Separation of Transgender Service Members, Sparks Legal Battle

A Pentagon memo issued on Wednesday (Feb. 26) mandates the identification and separation of transgender service members unless they qualify for an exemption.

Photo: NBC News

A Pentagon memo issued on Wednesday (Feb. 26) mandates the identification and separation of transgender service members unless they qualify for an exemption. This new directive follows the recent announcement by Secretary of Defense Pete Hegseth, who implemented a ban on transgender individuals enlisting in the U.S. military earlier this month.

According to Reuters, the memo outlines a procedure to identify transgender personnel within the next 30 days and begins the process of removing them from military service within 60 days. The policy cites concerns about the readiness, cohesion, and overall integrity of military personnel, particularly those with gender dysphoria or a diagnosis related to gender identity issues.

“It is the policy of the United States government to establish high standards for service member readiness, lethality, cohesion, honesty, humility, uniformity and integrity,” the memo states. “This policy is inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria or who have a current diagnosis, or history, of, or exhibit symptoms consistent with, gender dysphoria.”

Exemptions to the separation rule could be granted only if there is a “compelling government interest” in retaining the service member, such as direct support to military capabilities. To qualify for an exemption, service members must demonstrate “36 consecutive months of stability in the service member’s sex without clinically significant distress.”

The memo was filed as part of a court case challenging the military’s trans exclusionary policies. The lawsuit, spearheaded by The National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), aims to block the implementation of former President Donald Trump’s 2017 ban on transgender individuals serving in the military. The lawsuit argues that the ban violates constitutional principles of equality and merit-based judgment.

 

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“The initial ban was found unconstitutional,” the lawsuit states. “This new directive continues to undermine the fundamental American values of equal opportunity, focusing on individual qualifications rather than personal characteristics.”

Nicolas Talbott, a transgender U.S. Army second lieutenant and one of the plaintiffs in the case, shared his personal experience in the ongoing legal battle. “When you put on the uniform, differences fall away, and what matters is your ability to do the job,” Talbott said. “My being transgender has no bearing on my dedication to the mission or my ability to perform the duties expected of me.”

A recent survey revealed that 58% of Americans support the inclusion of openly transgender men and women in the armed forces, signaling public backing for more inclusive military policies.

The new Pentagon directive marks the latest chapter in the ongoing legal and political conflict surrounding transgender service members. Proponents of the policy argue that it is necessary to maintain military readiness, while opponents contend that the policy discriminates against capable individuals based on their gender identity. The outcome of the court case remains to be seen, as legal challenges to the transgender military ban continue to unfold.

Pentagon Memo Orders Identification and Separation of Transgender Service Members, Sparks Legal Battle

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