A new memo reportedly lets commanders overrule decisions on trans soldiers retention and enforces birth-sex uniforms at hearings
A new Pentagon memorandum curtails the ability of transgender and non-binary US military personnel to challenge their dismissals, AP has reported.
The memo follows an order by US President Donald Trump directing the Department of War to bar anyone with a current or past diagnosis of gender dysphoria from enlisting or continuing service. A related Pentagon directive in February drew legal challenges, but the Supreme Court in May allowed the ban to proceed. Dismissal hearings started soon thereafter. Under the policy, anyone with a history of gender-affirming surgery or hormone therapy is ineligible for service unless granted a waiver through separation boards – peer panels that decide whether personnel are able to continue serving or are discharged.
However, according to a new Pentagon document dated October 8 and published by AP on Friday, commanders can now override decisions by formerly independent separation boards on the issue, giving commanders the final say on dismissals.
The document, which AP sources said was circulated to troops only last week, also requires service members to appear at hearings in uniforms matching their birth-assigned gender, warning that non-compliance may count against them.
Advocates say the new policy strips transgender troops of procedural protections granted to other service members, whose separation board rulings remain final, and warn that the uniform requirement will prevent many from attending their hearings.
Pentagon assistant press secretary Riley Podleski declined to confirm the memo’s authenticity, saying, “As a matter of policy, the Department does not comment on ongoing litigation.”
Around 15,000 active US personnel are openly transgender, most of whom are on administrative leave pending separation board decisions. Many have challenged the ban under gender-dysphoria claims, and lower US courts are still reviewing its legality.
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The ban on trans service members is part of a broader campaign by Trump to roll back DEI policies, restrict sex-change surgery, and directing all federal agencies to define sex strictly as “male” or “female” based on birth traits. The policy has effectively rescinded federal recognition of transgender identities across US military and civilian regulations.
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