Military Service by Transgender Individuals

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

Impact dates

Mar 23, 2018
Sections 1(b) and 2(b) take effect: general policy and surgery funding halt
Feb 21, 2018
Secretary of Defense must submit implementation plan
Jan 1, 2018
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

Timeline

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