Department of Defense Instruction 1300.28

Protests against Trump's July 2017 tweet where he stated he would be banning transgender personnel in the military

On October 3, 2016, Donald Trump called transgender individuals serving the United States military as "politically correct", but said he would leave such decisions to top military leaders. On May 16, 2017, a letter that was signed by dozens of right-leaning groups pushed for banning transgender individuals from the United States military. After the failure of passage of House Amendment 183,[11] an amendment to prohibit the Pentagon funding gender reassignment surgeries sponsored by Vicky Hartzler,[12] to the National Defense Authorization Act for Fiscal Year 2018, House Republicans went to Defense Secretary James Mattis to prohibit the Pentagon funding gender reassignment surgeries, who refused to immediately upend the policy. An extensive Defense Department review of the policy was already underway, but a decision wasn't expected for months. So House Republicans went to the White House to prohibit the Pentagon funding gender reassignment surgeries. Chief strategist Steve Bannon encouraged Trump to deal with the matter now and played a role in pushing Trump to move ahead with banning transgender individuals from the military, despite the ongoing Pentagon review.[13][14]

In July 2017, the Freedom Caucus threatened not to vote for the budget unless President Trump instituted some prohibition on paying for gender reassignment surgeries and hormone treatments for transgender people serving in the military. The interagency process had gone to work on the question. The general counsels of the departments and agencies had weighed in. The Deputies Committee had met, and there were several Principals Committee meetings. There was no agreement, but four options were developed. The first was to retain the Obama-era policy. The second was giving Secretary Jim Mattis leeway. The third was to ban transgender people from the military, but come up with a plan for transgender people currently serving. The fourth was to ban all transgender people from the military.[15]

On July 26, 2017, President Trump tweeted that he would ban transgender personnel in the United States military.[16] According to Politico, President Trump had always planned to ban transgender individuals from the military and prohibit the Pentagon funding gender reassignment surgeries. According to numerous congressional and White House sources, the tweet was a last-ditch attempt to save a House proposal that was a priority for Trump and was on the verge of defeat.[13][17]

On August 4, 2017, a guidance called “A Guidance Policy for Open Transgender Service Phase Out” was approved by the White House Counsel's office. The guidance encourages early retirement, push out any enlisted personal after their contract expired, and fire transgender officers who are up for promotion. The new policy did allow transgender service members to continue serving, but offered no protection from harassment or other efforts to get them to quit, along with prohibiting coverage of transitioning or other medical costs. The guidance was expected to be transmitted to the Pentagon the week of August 7, 2017, but the threat of war with North Korea, internal conflict within the White House, and push back from the military prompted the authors of the new Trump policy to revise it again.[18][19]

• Describes transgender military service as "special accommodations"
• No person, solely on the basis of his or her gender identity, will be denied accession, involuntarily separated or discharged, denied reenlistment or continuation of service, or subjected to adverse action or mistreatment within the United States military
• Transgender service members or applicants for accession to the United States military are subject to the same standards as cisgendered people
• When a standard, requirement, or policy depends on whether the individual is a male or a female ( e.g., medical fitness for duty; physical fitness and body fat standards; berthing, bathroom, and shower facilities; and uniform and grooming standards), all persons will be subject to the standard, requirement, or policy associated with their biological sex
• A history or diagnosis of gender dysphoria is disqualifying unless:
  • As certified by a licensed mental health provider, the applicant demonstrates 36 consecutive months of stability in the applicant' s biological sex immediately preceding submission of the application without clinically significant distress or impairment in social, occupational, or other important areas of functioning; and
  • The applicant demonstrates that the applicant has not transitioned to his or her preferred gender and a licensed medical provider has determined that gender transition is not medically necessary to protect the health of the individual; and
  • The applicant is willing and able to adhere to all applicable standards
• A history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery is disqualifying
• The accession standards will be reviewed and either maintained or changed no later than 24 months from the effective date of this DTM
• May consult with a military medical provider, receive a diagnosis of gender dysphoria, and receive mental health counseling, but may not obtain a gender marker change in DEERS or serve in their preferred gender
• The United States Department of Defense and the United States Coast Guard provide equal opportunity to all Service members, in an environment free from harassment and discrimination on the basis of race, color, national origin, religion, sex, gender identity, or sexual orientation
• Separation processing will not be initiated until the enlisted Service member has been formally counseled on his or her failure to adhere to such standards and has been given an opportunity to correct those deficiencies, or has been formally counseled that his or her indication that he or she is unable or unwilling to adhere to such standards may lead to processing for administrative separation and has been given an opportunity to correct those deficiencies
• Separation processing will not be initiated until the enlisted Service member has been counseled in writing that the condition does not qualify as a disability"[20]

As of August 7, 2019, according to the Washington Blade, the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, and the United States Coast Guard have engaged in no discharges under Directive-type Memorandum-19-004. Also reported by the Washington Blade, the United States Army, the United States Navy, the United States Air Force, and the United States Marine Corps have engaged in no denial of enlistment to applicants under Directive-type Memorandum-19-004.[23]

Four lawsuits challenging Directive-type Memorandum-19-004 yielded no judicial remedies:

• Jane Doe v. Trump
• Stone v. Trump
• Karnoski v. Trump
• Stockman v. Trump

The decision by the United States Supreme Court to stay preliminary injunctions in the cases Karnoski v. Trump and Stockman v. Trump suggests the justices are likely to uphold the ban if they ever rule on the issue.[30]

On March 28, 2019, the United States House of Representatives passed, with 238 yeas, 185 nays, 1 present, and 8 not voting, H.Res. 124, a non-binding resolution expressing opposition to banning service in the Armed Forces by openly transgender individuals.[31]

Laverne Cox said, "This administration's ban on transgender service members will go into effect this Friday April 12, 2019. They have targeted trans people from the moment they took power."[34]

Kirsten Gillibrand blasted Trump for his discriminatory directive, saying, "A man [Donald Trump] who has never served has told men and women that their service is not worthy, based on their gender identity. I can't think of a more discriminatory, outrageous statement."[35] Another Democratic politician, Steve Bullock, the governor of Montana, announced he would allow transgender Americans to serve in the military.[36] Elizabeth Warren pledged to overturn military transgender ban on the first day of her presidency.[37]

The American Medical Association told the Associated Press in April 2019 that the memorandum mischaracterized transgender people as having a "deficiency."[38]

On March 18, 2019, Democratic 2020 presidential candidate Cory Booker vowed to reverse Donald Trump's ban on transgender individuals serving in the military if elected.[39]

The military ban has widespread support among Republicans. The Republican National Committee has endorsed the trans ban from the military.[40][41] Representative Ken Calvert of California has called for the exclusion of trans soldiers due to "deployability" problems.[42] Calvert stated, "Individuals with medical conditions that do not allow them to deploy, such as those identified in the policy, adversely impact military readiness and reduce the military's warfighting capability."

Some of Trump's own supporters have expressed their opposition to Directive-type Memorandum-19-004, including Christopher R. Barron.[43] In addition, 56 retired generals and admirals signed on to a statement opposing the directive.[44]

During his 2020 presidential campaign, Mike Bloomberg pledged to reverse the ban on transgender individuals in the military.[45]

In September 2020, the Democratic nominee Joe Biden promised, "As president, I will direct the Department of Defense to allow transgender service members to serve openly, receive needed medical treatment, and be free from discrimination."[46][47] When Biden was asked about "the rights of transgender people, banning them from military service" in a televised townhall on October 15, 2020, Biden replied, "I would just flat-out change the law. I would eliminated [Mr. Trump's] executive orders, number one."[48]

On January 25, 2021, U.S. President Joe Biden signed an executive order which ended the transgender military ban.[49] Despite immediately revoking the 2017 and 2018 Presidential Memorandums which aided the Instruction, the U.S. Department of Defense is not required to repeal the Instruction until after holding consultation with the U.S. Joint Chiefs of Staff.[50]

Wikisource has original text related to this article: Fact Sheet: President Biden Signs Executive Order Enabling All Qualified Americans to Serve Their Country in Uniform

• Transgender personnel in the United States military
• Transgender inequality

• DOD INSTRUCTION 1300.28
• Directive-type Memorandum (DTM)-19-004
• MARADMINS Number: 220/19
• NAVADMIN 070/19
• United States Coast Guard transgender policy