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Presidential Memorandum

Military Service by Transgender Individuals

Defense & SecurityDefense & SecurityCivil RightsCivil RightsFederal WorkforceFederal Workforce

In simple terms

This memorandum directs the Departments of Defense and Homeland Security to revert to the pre-June 2016 policy that generally prohibited openly transgender individuals from military service and authorized their discharge. It halts funding for sex-reassignment surgeries (with a narrow exception for those already in treatment) and extends the hold on transgender accession into the military, pending further study and an implementation plan.

Federal Register Open PDF 82 FR 41319

Record & deadlines

  1. Signed

    Signed by the President

  2. FR published

    Published in the Federal Register · 82 FR 41319

    Federal Register PDF

  3. Sections 1(b) and 2(b) take effect: general policy and surgery funding halt

  4. Secretary of Defense must submit implementation plan

  5. Section 2(a) takes effect: maintain accession policy beyond this date

Key directives

  • Return to pre-June 2016 policy prohibiting openly transgender military service
  • Maintain ban on transgender accession beyond January 1, 2018 until further recommendation
  • Halt DoD/DHS funding for sex-reassignment surgical procedures (except for those already in treatment)
  • Submit implementation plan by February 21, 2018 addressing currently serving transgender individuals
  • No action against currently serving transgender individuals until determination made

Who is ordered

Prior policyRollback

  • rescindObama Administration policy permitting open transgender military service (post-June 2016)

What to expect

Immediate

  • Issuance of policy direction to revert to pre-June 2016 framework

Near term (90d)

  • February 21, 2018 deadline for implementation plan
  • March 23, 2018 effective date for general policy and surgery funding halt

Long term

  • January 1, 2018 effective date for extended accession ban (already past at signing; maintains status quo)
  • Potential permanent policy change depending on Secretary's recommendation

Risks & tensions

  • Explicitly frames reversal of Obama-era policy; politically charged
  • Creates uncertainty for currently serving transgender personnel pending implementation plan
  • Narrow exception for ongoing sex-reassignment treatment may create administrative complexity
  • Vague standard for what constitutes 'convincing' recommendation to change policy
  • Potential legal challenges to equal protection and due process claims
Presidential Memorandum: Military Service by Transgender Individuals · Executive Orders