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Page 36 of 496
No. 113
Filed JANUARY 27, 2025
Immigration & Civil Rights
Second Term

Trump Orders Pentagon To Identify And Discharge Transgender Service Members, Resolving Long-Standing Concern That Military Readiness Was Being Diminished By People Currently Performing Military Duties Adequately

The Filing

WASHINGTON. President Donald J. Trump on Monday signed an executive order titled "Prioritizing Military Excellence and Readiness," directing the Department of Defense to begin identifying and processing for discharge any service member whose gender identity differs from their sex assigned at birth, restoring an administration policy that had been struck down in litigation in 2018, reinstated through Pentagon guidance in 2019, and rolled back in its entirety by the Biden administration on its fifth day in office in 2021.

The order, signed in the Oval Office before a small group of senior military officials and conservative legal advocates, characterized transgender identity as inherently incompatible with "the rigorous standards necessary for military service," language the Defense Department had spent the preceding four years describing as factually unsupported. An estimated 14,000 transgender service members were currently serving across the four uniformed branches at the time of the order, a population the order's findings did not specifically allege had ever been the subject of a performance complaint.

"The President is committed to a military that is lethal, effective, and unburdened by ideology," said White House Press Secretary Karoline Leavitt, characterizing the order as a return to a standard under which transgender Americans had been excluded from service from the founding of the Republic through 2016, a 240-year window she did not cite as also encompassing the entire lifespan of every transgender service member affected by the policy.

Pentagon officials, asked which specific operational-readiness metric the policy was designed to improve, declined to identify one, noting that the RAND Corporation study commissioned during the Obama administration had estimated transgender personnel composed roughly 0.6 percent of active-duty forces and produced what RAND researchers described in their published report as "minimal" impact on readiness or unit cohesion. A senior defense official, speaking on condition of anonymity, said the operative text had originated in language drafted at the Heritage Foundation rather than at the Pentagon, and that the principal substantive change from the 2017 version of the policy was the removal of carve-outs for currently serving members, ensuring that troops already on deployment would now be subject to administrative separation.

The American Civil Liberties Union, joined by Lambda Legal, GLAD, and several state attorneys general, filed suit within forty-eight hours. The President responded by telling reporters that the military was being "ruined," that "people don't want to fight next to" transgender service members, and that he had personally consulted with "generals," though officials at the Pentagon were unable to identify which generals the President had consulted, or when, or whether any sitting Joint Chief had been among them.

At press time, the President was reportedly reviewing additional categories of currently serving Americans whose continued service the administration had identified as incompatible with the broader goal of an unburdened military.

Sourced to the public record · presented without editorial embellishment
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