Presidential Memorandum on Military Service by Transgender Individuals (2018)

For the earlier memorandum, see Presidential Memorandum on Military Service by Transgender Individuals (2017).

Presidential Memorandum on Military Service by Transgender Individuals

Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals
Signed by	Donald Trump on March 23, 2018 (2018-03-23)
Federal Register details
Federal Register document number	2018-06426
Publication date	March 28, 2018 (2018-03-28)
Document citation	13367
Summary
Military service by transgender individuals

The Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals is the 43rd presidential memorandum signed by U.S. President Donald Trump on March 23, 2018.^[1]

The memorandum:

• Revokes the Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security.^[1]
• The United States Secretary of Defense and United States Secretary of Homeland Security may exercise their authority to implement any appropriate policies concerning military service by transgender individuals.^[1]

On April 13, 2018, the policy was stayed when a federal district court ruled that the 2018 memorandum essentially repeated the same issues as its predecessor order from 2017, that transgender service members (and transgender individuals as a class) were a protected class entitled to strict scrutiny of adverse laws (or at worst, a quasi-suspect class), and ordered that matter continue to a full trial hearing on the legality of the proposed policy.^[2][3][4][5]

On January 25, 2021, Trump's successor Joe Biden signed an executive order revoking this memorandum.^[6]

Enactment

On March 23, 2018, Maj. David Eastburn, a Pentagon spokesman, told the Washington Blade that the “DOD will still comply with federal court rulings and continue to assess and retain transgender service members,”.^[7] On March 24, 2018, Eastburn said that given ongoing lawsuits and court rulings on the issue that there is "likely be no immediate impact on transgender service."^[8] The Memorandum for Sector Commanders, Battalion Commanders, MEPS Commanders, Directors, and Special Staff Officers, issued December 8, 2017, enacted a policy guidance to recruits to explain how to enlist transgender individuals and states that the memorandum “shall remain in effect until expressly revoked.”^[9] On April 18, 2018, Commandant Paul F. Zukunft told the United States House Appropriations Subcommittee on Homeland Security that the United States Coast Guard would continue to allow transgender members to serve unless specific legislation is passed banning them.^[10] On February 6, 2019, Maj. Gen. Matthew Beevers, the assistant adjutant general for the California National Guard, told the California Assembly Veterans Affairs Committee that the California National Guard would not remove transgender soldiers and airmen from its ranks.^[11]

Lawsuits

There are four lawsuits involving the policy:

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

On April 13, 2018, the policy was stayed in Karnoski vs. Trump (Western District of Washington), when the court ruled that the 2018 memorandum essentially repeated the same issues as its predecessor order from 2017, that transgender service members (and transgender individuals as a class) were a protected class entitled to strict scrutiny of adverse laws (or at worst, a quasi-suspect class), and ordered that matter continue to a full trial hearing on the legality of the proposed policy.^[2][3][4][5] The government petitioned the US Supreme Court in November 2018 to reverse the stay while the cases are pending.^[12][13] The Court, in a 5–4 order along ideological lines issued in January 2019, agreed to lift the stay while they continued to deliberate on the merits of the cases.^[14]

Repeal

On January 25, 2021, President Joe Biden held a meeting with Secretary of Defense Lloyd Austin and afterwards signed an executive order which lifted the transgender military ban.^[15]

See also

• Transgender people and military service
• Sexual orientation and gender identity in military service
• Sexual orientation and gender identity in the United States military

References

1. "Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals". whitehouse.gov – via National Archives.
2. Reporter, Ariane de Vogue, CNN Supreme Court (30 October 2017). "Judge blocks enforcement of transgender military ban". CNN. {{cite web}}: |first= has generic name (help)
3. "Constitutional Law Prof Blog: District Judge Holds Transgender Military Ban Subject to Strict Scrutiny". lawprofessors.typepad.com.
4. "District Court, West District Washington, Karnoski v Trump, 13 April 2018" (PDF).
5. "Constitutional Law Prof Blog: Another District Judge Issues Preliminary Injunction Against Transgender Military Ban". lawprofessors.typepad.com.
6. Baldor, Lolita C.; Miller, Zeke (January 25, 2020). "Biden reverses Trump ban on transgender people in military". Associated Press. Retrieved January 25, 2020.
7. "Pentagon pledges to retain trans troops regardless of Trump policy". March 23, 2018.
8. Copp, Tara (March 24, 2018). "Here is the Mattis guidance and Pentagon study behind the Trump transgender decision". Military Times.
9. "Re: Jane Doe 1 et al. v. Donald J. Trump et al., No. 17-5267" (PDF).
10. International, United Press (April 18, 2018). "Coast Guard won't bar transgender members without direct ban".
11. California National Guard to transgender troops: ‘Nobody’s going to kick you out’
12. de Vogue, Ariane; Biskupic, Joan (November 23, 2018). "Trump administration asks Supreme Court to take up military transgender ban". CNN. Retrieved November 23, 2018.
13. Hayes, Christal (November 23, 2018). "Trump asks Supreme Court to fast-track ruling on transgender military ban". USA Today. Retrieved November 23, 2018.
14. Barnes, Robert; Lamothe, Dan (January 22, 2019). "Supreme Court allows Trump restrictions on transgender troops in military to go into effect as legal battle continues". The Washington Post. Retrieved January 22, 2019.
15. Sullivan, Kate (January 25, 2021). "Biden lifts transgender military ban". CNN. Retrieved January 25, 2021.