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The U.S. military has been given 30 days to determine how to identify and remove transgender service members from its ranks, following a new directive from the Pentagon. The order expands on President Donald Trump’s earlier ban on transgender individuals serving in the military and has already sparked legal challenges.
A memo issued Thursday by Darin Selnick, the Defense Undersecretary for Personnel, directs military branches to establish procedures for identifying troops diagnosed with or treated for gender dysphoria by March 26. Within 30 days of that deadline, affected service members must begin separation from the force.
The Department of Defense (DoD) estimates that 4,200 transgender troops currently serve across active duty, National Guard, and Reserves. However, officials acknowledge that this figure is uncertain, as some transgender personnel may not have disclosed their status or undergone medical treatment.
How Will the Military Identify Transgender Service Members?
The directive places military officials in a difficult position, as identifying transgender service members may rely on self-reporting or peers “outing” their colleagues.
“All of a sudden, you are going to be required to out yourself. Other people are going to be required to out you,” said Sarah Warbelow, vice president for legal affairs at the Human Rights Campaign.
Military and Legal Concerns
The policy has drawn swift backlash from advocacy groups and legal experts, who argue that it promotes discrimination and forced disclosure. Attorneys for six transgender service members challenging Trump’s executive order say the policy treats transgender troops as unequal and could force them into untenable situations.
“The government’s position openly expresses hostility toward transgender people,” they stated in court filings.
Additionally, privacy concerns remain a key issue. Health records are generally protected by federal medical privacy laws, making it unclear how the military can access or verify transgender status without violating those protections.
Exceptions and Waivers
The new policy provides two exceptions for transgender troops seeking to remain in service:
- Direct support of warfighting activities – Enlistees may be allowed to serve if they can demonstrate a role crucial to military operations.
- Service members with gender dysphoria who have not transitioned – Existing personnel must prove they never transitioned and have remained “stable in their biological sex” for 36 months without “clinically significant distress.”
Even if a waiver is granted, transgender troops would still be recognized only by their biological sex, affecting sleeping quarters, bathroom facilities, and official military protocol (e.g., being addressed as “Sir” or “Ma’am” based on assigned sex at birth).
Impact on the Armed Forces
Despite claims that transgender service members pose a risk to military readiness, the total cost for psychotherapy, hormone therapy, and surgeries over nine years (2015-2024) is estimated at just $52 million—a fraction of the $773 billion annual defense budget.
Past studies also dispute the claim that transgender troops disrupt military effectiveness. A 2018 study by the Palm Center estimated 14,000 transgender individuals serve in the U.S. military, significantly higher than the DoD’s current projections.
What Happens Next?
With the March 26 deadline looming, legal experts advise transgender service members to await further guidance before taking any action. Ongoing lawsuits challenging Trump’s transgender military ban may also halt or modify the implementation of this latest policy.
The Biden administration previously overturned Trump’s transgender ban, but with Trump back in office, the fight over transgender military service is once again at the forefront of national debate.
