Defense Secretary Orders Pause on Gender-Affirming Care for Military Members
In a move that has sparked significant controversy and legal challenges, Defense Secretary Pete Hegseth issued a memo on February 7, 2025, ordering an immediate halt to all gender-affirming medical procedures for active-duty service members. The memo, addressed to senior Pentagon leadership and military command, also directed a pause on new military accessions for individuals with a history of gender dysphoria. This decision follows President Donald Trump’s executive order on January 28, 2025, which reversed Biden administration policies allowing transgender service members to serve openly in the military based on their gender identity.
The memo, obtained by ABC News, states that all medical procedures related to gender transition, whether scheduled or unscheduled, are to be paused effective immediately. It also emphasizes that individuals with gender dysphoria who have volunteered to serve will be treated with dignity and respect. However, the Department of Defense (DoD) will provide additional policy and implementation guidance for service members with a current or past diagnosis of gender dysphoria. The memo reflects the administration’s stance that gender-affirming care is incompatible with military service, a position that has drawn sharp criticism from LGBTQ+ advocacy groups.
Executive Order and Policy Revisions
President Trump’s executive order on January 28, 2025, directed the DoD to revise its policy on transgender service members. The order argues that expressing a gender identity divergent from one’s biological sex cannot meet the rigorous standards required for military service. It also claims that receiving gender-affirming medical care is one of the conditions that are physically and mentally incompatible with active duty. This stance has been echoed by Secretary Hegseth, who stated that efforts to "split our troops along lines of identity weaken our Force and make us vulnerable." He added that such efforts "must not be tolerated or accommodated."
The executive order and subsequent memo have been met with widespread criticism from LGBTQ+ advocates, who argue that the policies are discriminatory and lack a rational basis. The order is currently being challenged in federal court by prominent advocacy groups, including the Human Rights Campaign (HRC) and Lambda Legal, which filed lawsuits on behalf of active-duty transgender service members.
Impact on Transgender Service Members
The immediate impact of Secretary Hegseth’s memo on transgender service members is still unclear, but it has already caused significant concern among the community. Transgender applicants are reportedly being turned away, and active-duty service members are being denied medically necessary care. This has left many feeling targeted and stripped of their right to serve their country with dignity. The memo’s language, while acknowledging the dignity of service members with gender dysphoria, effectively halts all transition-related medical care, which advocates argue is a critical component of healthcare for transgender individuals.
The pause on gender-affirming care and new accessions is part of a broader effort by the Trump administration to exclude transgender individuals from military service. This move reverses the progress made during the Biden administration, which allowed transgender service members to serve openly and receive necessary medical care. The new policy has been condemned by LGBTQ+ advocates, who argue that it undermines the rights and well-being of transgender service members while failing to address any legitimate military concerns.
Legal Challenges and Advocacy Response
In response to the executive order and memo, multiple lawsuits have been filed in federal courts. On January 28, 2025, the HRC and Lambda Legal filed a lawsuit challenging the Trump administration’s ban on transgender military service. A similar lawsuit was filed by GLAD Law and the National Center for Lesbian Rights (NCLR) on behalf of six additional active-duty service members. Both lawsuits argue that the ban violates the equal protection and due process guarantees of the Fifth Amendment, as well as the free speech protections of the First Amendment.
The lawsuits contend that the ban lacks a legitimate or rational justification and that it disproportionately harms transgender service members. "By categorically excluding transgender people, the 2025 Military Ban and related federal policy and directives violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment," the lawsuits state. "They lack any legitimate or rational justification, let alone the compelling and exceedingly persuasive ones required." The plaintiffs are seeking declaratory relief, as well as preliminary and permanent injunctions to block the implementation of the ban.
Advocates Highlight Urgency of Court Intervention
LGBTQ+ advocates have emphasized the urgent need for court intervention to protect the rights of transgender service members. Shannon Minter, lead counsel for NCLR, stated that Secretary Hegseth’s memo "underscores the urgency of the need for court intervention." Minter added that the administration is already taking steps to implement the ban, even before the stated deadlines in the original executive order. "Transgender applicants are already being turned away, and transgender service members are being targeted and denied medically necessary care," Minter said.
A hearing in one of the cases is scheduled for February 18, 2025, in the U.S. District Court for the District of Columbia, with Judge Ana Reyes presiding. The outcome of this legal battle could have far-reaching implications for transgender service members and the broader LGBTQ+ community. Advocates are hopeful that the courts will recognize the discrimination inherent in the ban and restore the rights of transgender individuals to serve openly and with dignity.
Conclusion: A Fight for Equality and Dignity
The fight over transgender military service is ultimately a fight for equality and dignity. The Trump administration’s efforts to exclude transgender individuals from military service are widely seen as a rollback of hard-won progress and a violation of fundamental rights. LGBTQ+ advocates are urging the courts to step in and halt the implementation of the ban, arguing that it is unconstitutional and lacks any rational justification.
As the legal battles unfold, the broader implications of this policy cannot be ignored. The ability of transgender service members to serve openly and receive necessary medical care is not just a matter of military readiness but also a matter of basic human rights. The outcome of these cases will determine whether the United States will continue to move toward greater inclusivity and equality or retreat into discrimination and exclusion. For now, the fate of transgender service members remains uncertain, but their courage and resilience in the face of adversity remain a testament to their unwavering commitment to serving their country.
