President Donald Trump signed executive orders that would ban transgender individuals from serving in the military and eliminate diversity programs, sparking controversy and legal challenges.
Key Takeaways
- Trump’s executive orders aim to restrict openly transgender people from military service and end DEI practices.
- The orders cite concerns about transgender individuals’ physical capability during gender-transitioning surgeries.
- Trump’s policies would rescind President Biden’s 2021 order allowing transgender individuals to serve in the military.
- The orders also aim to reinstate troops discharged for refusing the COVID-19 vaccine.
- Legal challenges have been filed against the executive orders, citing discrimination and constitutional violations.
Trump’s Sweeping Military Policy Changes
Former President Donald Trump is poised to sign executive orders that would dramatically reshape U.S. military policies regarding transgender service members and diversity programs. These orders would effectively ban openly transgender individuals from serving in the armed forces and dismantle Diversity, Equity, and Inclusion (DEI) initiatives within the military.
The proposed orders argue that transgender individuals’ service conflicts with military values and impacts readiness. According to a fact sheet concerning the order, “It can take a minimum of 12 months for an individual to complete treatments after transition surgery, which often involves the use of heavy narcotics. During this period, they are not physically capable of meeting military readiness requirements and require ongoing medical care.”
Exclusive: Transgender rights groups are preparing to file a lawsuit against US President Donald Trump's order targeting transgender service members, in what would be the first legal challenge to a cornerstone of his conservative agenda at the Pentagon https://t.co/Psicn1apjE
— Reuters (@Reuters) January 28, 2025
Reversing Biden’s Policies
Trump’s new orders would effectively rescind President Joe Biden’s 2021 executive order that allowed transgender individuals to serve in the military. The military would no longer recognize “invented and identification-based pronouns,” and facilities would be used according to biological sex. These changes mark a significant departure from the current administration’s policies.
“The pursuit of military excellence cannot be diluted to accommodate political agendas or other ideologies harmful to unit cohesion,” stated the administration.
In addition to the transgender service ban, a second executive order aims to eliminate DEI practices that result in discriminatory race- or sex-based preferences within the Armed Forces, Department of Defense, and Department of Homeland Security. This move has been met with strong support from some conservative circles.
Legal Challenges and Opposition
The proposed executive orders have already faced significant opposition and legal challenges. Six active-duty transgender service members have filed a lawsuit against Trump, claiming the ban discriminates based on sex and transgender status, violating the Equal Protection component of the Fifth Amendment’s Due Process Clause. “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. … We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.” argued Army Capt. Gordon Herrero one of the plaintiffs.
The lawsuit highlights that the executive order discriminates against transgender troops unrelated to job performance, arguing they meet military standards. Plaintiffs include decorated service members, such as a Sailor of the Year and a Bronze Star recipient. The National Center for Lesbian Rights and GLAD Law filed the lawsuit in the U.S. District Court of the District of Columbia, with Lambda Legal and the Human Rights Campaign also planning to challenge the executive order.
Implications and Future Outlook
While there is no official data on the number of transgender military personnel, estimates suggest thousands may be affected by these policy changes. The Pentagon has stated it will implement the executive order as directed, without commenting on the ongoing litigation. The legal challenges may test current policy against broader principles of military service eligibility and membership criteria.
As the situation develops, it remains to be seen how these executive orders will impact the U.S. military’s operational capabilities and internal culture. The controversy surrounding these policies is likely to continue, potentially shaping the broader national conversation on LGBTQ+ rights and military inclusivity.
Sources:
Trump Signs Executive Orders Restricting Transgender Troops
Court Battle Begins Over Trump’s Ban On Trans Troops
Six active duty service members file first lawsuit challenging Trump’s transgender troop ban