The Pentagon will resume gender-affirming care for transgender service members, according to a memo obtained by POLITICO, an embarrassing setback to Defense Secretary Pete Hegseth’s efforts to restrict their participation.
The memo says the Defense Department is returning to the Biden-era medical policy for transgender service members due to a court order that struck down Hegseth’s restrictions as unconstitutional. The administration is appealing the move, but a federal appeals court in California denied the department’s effort to halt the policy while its challenge is pending.
As a result, the administration is barred from removing transgender service members or restricting their medical care, a priority of President Donald Trump and Hegseth. The administration insisted its restrictions were geared toward people experiencing medical challenges related to “gender dysphoria,” but two federal judges said in March that the policy was a thinly veiled ban on transgender people that violated the Constitution.
The Trump administration on Thursday asked the Supreme Court to allow the Pentagon to ban transgender servicemembers while legal battles continue to play out.
Both judges ordered the military to refrain from forcing out more than 1,000 transgender troops and to resume providing for their medical care, including surgical procedures and voice and hormone therapy. The memo is the latest move by the Pentagon to comply with those orders.
But it presents another headache for Hegseth, who has made culture war issues — such as changing recruitment standards and reinstating the ban — a key piece of his effort to make the military more lethal. Hegseth has emphasized this theme as he’s sought to defend himself amid multiple scandals, including texting sensitive details of military operations in Yemen to multiple Signal group chats and a vicious brawl between his top advisers.
“Service members and all other covered beneficiaries 19 years of age or older may receive appropriate care for their diagnosis of [gender dysphoria], including mental health care and counseling and newly initiated or ongoing cross-sex hormone therapy,” Dr. Stephen Ferrara, the Pentagon’s acting assistant secretary of Defense for health affairs, said in a memo dated April 21.
Trump signed a long-expected order banning transgender people from serving in the military at the outset of the administration, just as he had done in 2017. But LGBTQ+ advocacy groups quickly pounced, calling the order discriminatory.
So far, the courts have rejected the Pentagon’s arguments that including transgender troops reduces the military’s ability to fight. U.S. District Judge Benjamin Settle ruled in March that there is no evidence that transgender troops harm military readiness, and ordered the Pentagon to return to the status quo.
A three-judge panel of the D.C. Circuit Court of Appeals on Tuesday became the first appellate court to hear arguments on Trump’s transgender military policy but gave little indication of how it might rule.
Defense officials acknowledged in a March memo sent to Pentagon leadership that the agency would comply with the court order, but did not detail the steps the department would take to follow it. Hegseth has openly attacked one of the judges, U.S. District Judge Ana Reyes, for her order, labeling her “Commander Reyes” in a pejorative post on X.
Hegseth has faced pressure from Democrats to follow the court order, suggesting he was undermining military recruitment needs.
“Given the unwillingness or inability of 99.6 percent of the U.S. population to serve in our military, the last thing our nation should be doing is rejecting patriotic Americans who are ready and willing to serve our country,” a group of 14 Senate Democrats, led by Sen. Tammy Duckworth (D-Ill.), an Iraq veteran, wrote Tuesday to Hegseth. “The Trump administration’s repeated attacks on the transgender community reveal an ideological obsession rooted in a poor understanding of science.”
The Pentagon referred questions to the Justice Department, which did not immediately respond to a request for comment.
A February memo signed by then-acting undersecretary for personnel and readiness Darin Selnick — who was fired by Hegseth last week — said service members or potential recruits interested in the military who have “a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria” are “incompatible” with U.S. military service.
Hegseth, in a Wednesday speech at the Army War College, celebrated the first 100 days of the Trump administration by telling the assembled officers that there is “no more social engineering … no more gender confusion, no more pronouns, no more excuses,” within the military.
Some officials saw the move as a capitulation by the administration, which was settling for a loss in court while continuing to wage a public relations war to keep transgender service members out of the military.
“They’ve scared all of the trans people off,” said one person close to the Pentagon familiar with the conversations, granted anonymity to discuss a sensitive issue. “What’s to be gained by continuing to fight with the courts? It seems pretty easy to stop getting crazy with it. You won. You got what you wanted.”
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