New Pentagon policy undermines transgender troops’ ability to fight military ban, AP reports

WASHINGTON (AP) — The Pentagon has rolled out a new policy that would severely undermine the ability of transgender soldiers banned by the Trump administration from the armed forces to turn to the boards of their peers to advocate for their right to remain in the military, according to a memo obtained by The Associated Press.

If military segregation boards decide to allow transgender service members to remain in uniform, commanders could override that decision, according to an Oct. 8 memo to all services from Under Secretary of Defense for Personnel and Readiness Anthony Tata. This contradicts the long-standing policy that boards operate independently.

He watches: Transgender military members are fighting to continue serving despite Trump’s ban

This is the latest step by the Pentagon to expel transgender troops from the armed forces following an executive order from President Donald Trump. He and Defense Minister Pete Hegseth have targeted diversity, equity and inclusion efforts in what they say is an effort to make the military more lethal.

The administration’s policies have faced opposition in the courts, where transgender people and their supporters say they have proven their value to the military, but the US Supreme Court in May allowed the ban to be imposed while legal challenges continue.

The new memo, which advocates say only became available to troops last week, also creates the additional hurdle of requiring trans service members to appear before segregation boards in uniforms that match the sex assigned to them at birth — and if they fail to do so, their absence could be used against them.

A uniform mandate could keep mutant forces out of hearings

This policy — specifically the uniform mandate — will force many people to be unable to attend segregation board hearings, according to Emily Starbuck Gerson, spokeswoman for SPARTA Pride, an advocacy group for transgender troops and veterans.

“They’ve already been rigged with a predetermined outcome, and then now you’re penalizing someone else for not showing up because they can’t wear the wrong outfit,” Gerson added.

When asked about the memo, Pentagon Assistant Press Secretary Riley Podleski said that “as a matter of policy, the department does not comment on ongoing litigation.”

The policy follows Air Force guidance published by The Associated Press in August, which said separation councils cannot independently decide whether to retain or withdraw transgender troops, and instead “must recommend that a member be separated” if they are diagnosed with gender dysphoria — when a person’s biological sex does not match their gender identity.

Gerson said the new policy, which applies to all services, “seems very similar to what the Air Force has rolled out,” but noted that some additional hurdles such as a unified mandate were “concerning.”

“In the event a Service Member does not conform to uniform and grooming standards, the Board’s proceedings will continue with the Service Member in absentia, and the Service Member’s failure to comply with the standards may, as appropriate, be taken into account in determining whether a basis for separation has been established,” the October memo says.

“Betrayal of what the army saw me as”

Many transgender soldiers have been serving for years and likely do not have a uniform based on the sex assigned to them at birth. They say that forcing them to wear such uniforms would be wrong.

Logan Ireland, an Air Force master sergeant with 15 years in the service, said he has been viewed as a man for most of his adult life and about 13 years of his military service.

“It would be a betrayal of what the military saw me as,” he said, adding that “it would be a uniform-like effect.”

Ireland, like almost all other transgender troops, is on administrative leave, and has a long beard.

“Can I wear a skirt or wear a women’s uniform? Absolutely, yes. … But does that reflect who I am and what I look like on a daily basis? No, and that creates a lot of confusion,” he said.

Gerson, the attorney, says the new policy appears to conflict with the ideal of a merit-based military that Hegseth promoted.

“It does not take into account the service member’s career history, accomplishments, training, and the necessity of their line of work,” she said.

Ireland also noted that the policy “denies us the dignity and respect we were promised because we have been forced out of a service that once respected our contributions.”

What do military separation councils do?

The boards traditionally offer troops facing separation from the military an opportunity to hold a quasi-legal hearing to determine whether that service member still has value to the military and should remain in the military. Service colleagues hear evidence of what went wrong and of the person’s character, fitness and performance.

Although it is not a formal court hearing, it has roughly the same structure. Service members are often represented by attorneys, can present evidence in their defense and can appeal the board’s findings to a federal court.

The Pentagon’s policy on firing officers notes that they are entitled to “fair and impartial” hearings that should be “a forum for the officer involved to present reasons why the action intended should not be taken.”

This neutral nature means that boards can sometimes reach surprising conclusions. For example, the commander of the destroyer USS McCain, which collided with an oil tanker in the Pacific Ocean in 2017, killing 10 people, was not recommended for dismissal in 2019.

Most recently, three active-duty Marines who were part of the mob that stormed the Capitol on January 6, 2021 were also retained.

The fact that commanders can bypass that process for transgender troops undermines justice, said Priya Rasheed, a military lawyer who has represented service members before hundreds of segregation boards.

“Service members accused of serious misconduct, violent misconduct, and gender-based misconduct… receive more due process protections and more rights and entitlements than this group of people who rely solely on the administrative classification of gender dysphoria,” she said.