New Pentagon policy undercuts trans troops’ ability to ask to stay in the military, AP learns

The Pentagon has rolled out a new policy that will severely undercut the ability for transgender troops who have been banned from the armed forces by the Trump administration to turn to boards of their peers to argue for their right to stay in the military, according to a memo obtained by The Associated Press.

If military separation boards decide to allow transgender service members to remain in uniform, commanders can override that decision, according to an Oct. 8 memo to all the services from the Pentagon’s undersecretary for personnel and readiness, Anthony Tata. That breaks with longstanding policy that boards act independently.

It is the Pentagon’s latest step to drive transgender troops out of the armed forces following an executive order from President Donald Trump. He and Defense Secretary 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 pushback in the courts as trans troops and their supporters say they have proven their worth to the military, but the U.S. Supreme Court in May allowed the ban to be enforced while legal challenges proceed.

The new memo, which advocates say was only made available to troops last week, also sets up an additional hurdle of requiring that trans service members appear before separation boards in uniforms that match the gender assigned to them at birth — and if they fail to do so, their absence can be used against them.

The policy — and specifically the uniform mandate — will force a lot of people not to be able to attend their separation board hearings, according to Emily Starbuck Gerson, a spokeswoman for SPARTA Pride, an advocacy group for transgender troops and veterans.

“They’re already essentially being rigged with a predetermined outcome and then now you’re further penalizing someone for not showing up because they can’t wear the wrong uniform,” 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 an Air Force directive reported by The Associated Press in August, which said separation boards could not independently decide whether to keep or discharge transgender troops and instead “must recommend separation of the member” if they have a diagnosis of gender dysphoria — when a person’s biological sex does not match up with their gender identity.

Gerson said the new policy that applies to all the services “feels very similar to what the Air Force rolled out” but noted that some of the additional hurdles like the uniform mandate were “alarming.”

The October memo says, “should the Service member not conform to uniform and grooming standards, board proceedings will continue with the Service member in absentia and may, as appropriate, take the Service member’s failure to comply with standards into consideration when determining whether the basis for separation has been established.”

____

Republished with permission of the Associated Press.