U.S. service members who are transgender or otherwise exhibit gender dysphoria are prohibited from military service unless they obtain an exemption, according to an internal Pentagon memo.
The memo, revealed in a court filing on Wednesday night, details the Trump administration’s new policy regarding transgender individuals. The policy notes that such service members “may be considered for a waiver on a case-by-case basis, provided there is a compelling Government interest.”
“Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are disqualified from military service,” the memo reads.
“Service members who have a history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery as treatment for gender dysphoria or in pursuit of a sex transition, are disqualified from military service,” the memo continues.
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The memo goes on to stipulate a number of requirements a solider must meet in order to obtain an exemption.
The soldier must demonstrate 36 consecutive months of “stability in the service member’s sex.” The soldier must demonstrate that they have never attempted to transition to any sex other than their sex. Finally, the soldier must be willing to adhere to any standards associated with their sex.
The Pentagon’s transgender ban is currently facing legal challenges. Trump’s Justice Department filed a complaint against the presiding judge, Ana Reyes, accusing her of potential bias and misconduct.
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The letter, addressed to Chief Judge of the United States Court of Appeals for the District of Columbia Circuit Sri Srinivasan and signed by Attorney General Pam Bondi’s chief of staff, Chad Mizelle, concerns what the DOJ characterized as Reyes’ “misconduct” during the proceedings in Nicolas Talbott v. Donald J. Trump. The case was brought by two LGBTQ groups challenging the Trump administration’s executive orders barring transgender individuals from serving in the U.S. military.
According to the complaint, the transcript “reveals multiple instances where Judge Reyes’ misconduct compromised the dignity of the proceedings and demonstrated potential bias, raising serious concerns about her ability to preside impartially in this matter.” In addition to appearing to take the plaintiffs’ side on the issue of transgender service members, Reyes also went on a bizarre rant against graduates of University of Virginia School of Law.
The letter closes by requesting that “appropriate action be taken to address these violations,” saying that, at a “minimum, this matter warrants further investigation to determine whether these incidents represent a pattern of misconduct that requires more significant remedial measures.”
Fox News’ Jennifer Griffin and Jake Gibson contributed to this report.
