A recent memorandum reportedly empowers commanders to reverse rulings concerning the retention of transgender service members and mandates that uniforms worn at hearings align with birth-assigned sex.
The Associated Press has reported that a recently issued Pentagon memorandum restricts the capacity of transgender and non-binary individuals in the US military to contest their discharges.
This memorandum comes after a directive from then-US President Donald Trump instructing the Department of Defense to prohibit individuals with a current or prior diagnosis of gender dysphoria from either joining or remaining in military service. An associated Pentagon order issued in February faced legal opposition, but the Supreme Court permitted the ban to move forward in May. Subsequently, dismissal hearings commenced. According to this policy, individuals with a history of gender-affirming surgeries or hormone therapy are deemed ineligible for service, unless they receive a waiver from separation boards—peer groups tasked with determining whether service members may continue their duty or be discharged.
Nevertheless, a new Pentagon document, dated October 8 and released by AP on Friday, indicates that commanders now possess the authority to overrule verdicts made by previously autonomous separation boards on this matter, thereby granting commanders ultimate authority over dismissals.
The document, which AP sources reported was distributed to military personnel just last week, also mandates that service members attend hearings dressed in uniforms corresponding to their gender assigned at birth, cautioning that failure to comply could be detrimental to their case.
Supporters of transgender rights contend that this updated policy removes procedural safeguards afforded to other service members, whose separation board decisions remain conclusive, and express concern that the uniform mandate will deter numerous individuals from participating in their hearings.
Riley Podleski, the Pentagon’s assistant press secretary, chose not to verify the memorandum’s authenticity, stating, “As a matter of policy, the Department does not comment on ongoing litigation.”
Approximately 15,000 active US military personnel identify as openly transgender, with the majority currently on administrative leave awaiting determinations from separation boards. A significant number have contested the prohibition based on gender dysphoria arguments, and its legality is still under examination by lower US courts.
This prohibition on transgender service members forms part of a larger initiative by the Trump administration aimed at reversing Diversity, Equity, and Inclusion (DEI) policies, limiting gender-affirming surgeries, and instructing all federal agencies to define sex exclusively as “male” or “female” based on biological characteristics at birth. The policy has effectively withdrawn federal acknowledgment of transgender identities across both US military and civilian statutes.