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MemoMemorandumTrump 45 · R

Presidential Memorandum

Military Service by Transgender Individuals

This presidential memorandum revokes the August 25, 2017 policy allowing transgender individuals to serve openly in the military and delegates authority to the Secretaries of Defense and Homeland Security to implement new policies disqualifying most transgender persons with gender dysphoria from military service. It reflects the Secretary of Defense's independent judgment that such individuals may require substantial medical treatment and are therefore generally unfit for service, with limited exceptions.

Federal Register Open PDF 83 FR 13367

Impact dates

  1. Federal Register publication of memorandum

  2. Revocation of prior memorandum and new disqualification policy takes effect

Key directives

  • Revoke August 25, 2017 memorandum on military service by transgender individuals
  • Disqualify transgender persons with history or diagnosis of gender dysphoria from military service except under limited circumstances
  • Delegate implementation authority to Secretary of Defense and Secretary of Homeland Security for Coast Guard
  • Direct Secretary of Defense to publish memorandum in Federal Register

Who is ordered

Timeline

Immediate

  • Revocation of August 25, 2017 memorandum
  • Disqualification of transgender persons with gender dysphoria from military service takes effect

Near term (90d)

  • Secretary of Defense and Secretary of Homeland Security to implement appropriate policies
  • Federal Register publication of memorandum

Long term

  • Potential litigation challenging policy
  • Ongoing military personnel policy changes
  • Possible future policy reversals depending on administration

Risks & tensions

  • Legal challenges likely under Fifth Amendment equal protection and due process claims
  • Tension between presidential directive and Secretary of Defense's stated 'independent judgment'
  • Medical necessity framing may be disputed by medical professional organizations
  • Implementation delegated without specific procedural safeguards or exception criteria defined in text
  • Policy reversal from prior administration creates regulatory uncertainty for service members
Presidential Memorandum: Military Service by Transgender Individuals · Executive Orders