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BREAKING: Pentagon's waiver for transgender troops forces them to deny their identities, court filing shows

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The Pentagon has outlined essentialy unattainable waivers for its trans military ban.

The policy explicitly bans transgender service members from receiving gender-affirming medical care, including hormone therapy and gender-confirmation surgeries.

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The Trump administration has escalated its efforts to purge transgender service members from the military, issuing a new Pentagon memorandum on March 4 that tightens restrictions while offering only narrow exceptions for those in highly specialized roles, under impossible conditions. The document, submitted Tuesday in Talbott v. Trump in the U.S. District Court for the District of Columbia, affirms that people with gender dysphoria or who have undergone any transition-related medical care are ineligible to serve, adding that only rare waivers could be available under limited circumstances.

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The memorandum, issued by the Office of the Under Secretary of Defense for Personnel and Readiness, states that “the medical, surgical, and mental health constraints” associated with gender dysphoria are “incompatible with military service.” According to the document, the Department of Defense will consider retention or accession waivers on a case-by-case basis, but only for those in mission-critical positions requiring highly specialized skills deemed essential to warfighting capabilities.

Related: Donald Trump signs new executive order affecting transgender military members

However, transgender troops can only attain a waiver if they deny their identity. In those instances, service members must have lived as their sex assigned at birth for at least 36 consecutive months, never attempted to transition, and be willing to adhere to all military standards associated with their assigned sex, the memo states. Advocates point out that this is impossible, without completely denying one’s identity and going back in time.

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The policy explicitly bans transgender service members from receiving gender-affirming medical care, including hormone therapy and surgeries. The memo also rescinds prior regulations that allowed transgender personnel to serve openly, aligning with Executive Order 14168, which mandates that all military records reflect assigned sex at birth and affirms the administration’s rejection of gender identity as a legitimate classification.

The Pentagon will now require the military branches to track and report on transgender separations and waivers. This marks a notable shift, given that just days ago, in documents submitted in the same lawsuit, the Trump administration admitted in court that the Department of Defense does not track the number of transgender personnel currently serving.

Related: Trump administration says trans service members have until March 26 to quit Air Force

According to the memo, officers must undergo a Board of Inquiry to remain in service. Meanwhile, the Pentagon is directing the military branches to begin separation proceedings for those identified as transgender and to report back on compliance every 30 days starting March 26.

SPARTA Pride, an organization representing transgender service members, denounced the latest policy shift and previously warned that the Pentagon is ignoring the contributions of transgender troops who have served openly and honorably for nearly a decade. The group emphasized that transgender personnel play critical roles in fields requiring years of specialized training, including combat arms, aviation, nuclear engineering, law enforcement, and military intelligence. The case, brought by GLAD Law and the National Center for Lesbian Rights on behalf of transgender service members, challenges the policy as discriminatory and lacking any justification tied to military readiness.

This latest filing comes just days before a crucial federal court hearing scheduled for March 12, when Judge Ana Reyes will consider whether to block the administration’s ban from taking effect.

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