Department of Defense Instruction 1300.28

File:Protest_of_Donald_Trump's_ban_on_transgender_military_service_(36032636742).jpg

{{Expand section|date=July 2019|reason=Need to include the two memorandums issued by Trump prior to this DTM}}

On October 3, 2016, Donald Trump called transgender individuals serving the United States military "politically correct", but said he would leave such decisions to top military leaders. On May 16, 2017, a letter was signed by several right-leaning groups pushed for banning transgender individuals from the U.S. military. After the failure of passage of House Amendment 183,{{cite web|url=https://www.congress.gov/amendment/115th-congress/house-amendment/183|title=H.Amdt.183 to H.R.2810 - 115th Congress (2017-2018)|first=Vicky|last=Hartzler|date=July 13, 2017|website=www.congress.gov}} an amendment to prohibit the DoD from funding gender reassignment surgeries sponsored by Vicky Hartzler,{{cite news|url=https://www.cnn.com/2017/07/26/politics/transgender-military-ban-vicky-hartzler-cnntv/index.html|title=Hartzler: Transgender service members 'costly' to military|first=Liz|last=Stark|website=CNN}} to the National Defense Authorization Act for Fiscal Year 2018, House Republicans went to Defense Secretary James Mattis to make the prohibition, but he refused. An extensive DoD review of the policy was already underway, but a decision was not expected for months. House Republicans then went to the White House to make the prohibition. Chief strategist Steve Bannon encouraged Trump to deal with the matter now and played a role in pushing Trump to move ahead with banning transgender people from the military, despite the ongoing DoD review.{{cite web|url=https://www.politico.com/story/2017/07/26/trump-transgender-240980|title=Trump bans transgender individuals from U.S. military service|first=Louis|last=Nelson|website=POLITICO|date=July 26, 2017 }}

In July 2017, the Freedom Caucus threatened not to vote for the budget unless President Trump instituted some prohibition on paying for gender reassignment surgeries and hormone treatments for transgender people serving in the military. The interagency process had gone to work on the question, and the general counsels of the departments and agencies had weighed in. The Deputies Committee had met, and there were several Principals Committee meetings. There was no agreement, but four options were developed:{{cite book|url=https://books.google.com/books?id=te-oDwAAQBAJ&q=bob+woodward+fear |title=Fear: Trump in the White House |date= September 10, 2019|publisher=Simon and Schuster |isbn=9781501175527 |access-date=2021-02-10}}

• Retain the Obama-era policy
• Give Secretary Jim Mattis leeway
• Ban transgender people from the military, but come up with a plan for transgender people currently serving
• Ban all transgender people from the military

On July 26, 2017, President Trump tweeted that he would ban transgender personnel in the United States military.{{Bluebook journal |first=|last=Note| title=Recent Social Media Posts: In Tweets, President Purports to Ban Transgender Servicemembers| volume=131 | journal=Harv. L. Rev. | page=934 | url=https://harvardlawreview.org/wp-content/uploads/2018/01/934-943_Online-1.pdf| year=2018}} According to Politico, President Trump had always planned to ban transgender individuals from the military and prohibit the DoD from funding gender reassignment surgeries. Per several congressional and White House sources, the tweet was a last-ditch attempt to save a House proposal that was a priority for Trump and was on the verge of defeat.{{cite web|url=https://www.politico.com/story/2017/07/26/trump-transgender-military-ban-behind-the-scenes-240990|title=Inside Trump's snap decision to ban transgender troops|first1=Rachael|last1=Bade|first2=Josh|last2=Dawsey|website=POLITICO|date=July 26, 2017 }}{{cite news|url=https://www.washingtonpost.com/news/post-politics/wp/2016/10/03/heres-how-trump-responded-to-a-question-about-women-and-transgender-individuals-in-the-military/|archive-url=https://web.archive.org/web/20190419211850/https://www.washingtonpost.com/news/post-politics/wp/2016/10/03/heres-how-trump-responded-to-a-question-about-women-and-transgender-individuals-in-the-military/|archive-date=2019-04-19|title=Here's how Trump responded to a question about women and transgender individuals in the military|newspaper=The Washington Post}}

On August 4, 2017, a guidance called "A Guidance Policy for Open Transgender Service Phase Out" was approved by the White House Counsel's office. The guidance encourages early retirement, push out any enlisted personnel after their contract expired, and fire transgender officers who are up for promotion. The new policy did allow transgender service members to continue serving, but offered no protection from harassment or other efforts to get them to quit, along with prohibiting coverage of transitioning or other medical costs. The guidance was expected to be transmitted to the DoD the week of August 7, 2017, but tensions with North Korea, internal conflict within the White House, and pushback from the military prompted the authors of the policy to revise it again.{{cite web|url=https://www.losangelesblade.com/2017/08/04/trumps-trans-military-ban-now-policy/|title=Trump's Trans Military Ban Now Policy|date=August 5, 2017}}{{cite web|url=https://www.losangelesblade.com/2017/08/11/navy-secretary-spencer-says-patriot-allowed-serve/|title=Navy Secretary Spencer says 'any patriot' should be allowed to serve|date=August 11, 2017}}

• Describes transgender military service as "special accommodations"
• No person, solely on the basis of his or her gender identity, will be denied accession, involuntarily separated or discharged, denied reenlistment or continuation of service, or subjected to adverse action or mistreatment within the United States military
• Transgender service members or applicants for accession to the United States military are subject to the same standards as cisgendered people
• When a standard, requirement, or policy depends on whether the individual is a male or a female ( e.g., medical fitness for duty; physical fitness and body fat standards; berthing, bathroom, and shower facilities; and uniform and grooming standards), all persons will be subject to the standard, requirement, or policy associated with their biological sex
• A history or diagnosis of gender dysphoria is disqualifying unless:
• As certified by a licensed mental health provider, the applicant demonstrates 36 consecutive months of stability in the applicant's biological sex immediately preceding submission of the application without clinically significant distress or impairment in social, occupational, or other important areas of functioning; and
• The applicant demonstrates that the applicant has not transitioned to his or her preferred gender and a licensed medical provider has determined that gender transition is not medically necessary to protect the health of the individual; and
• The applicant is willing and able to adhere to all applicable standards
• A history of cross-sex hormone therapy or a history of sex reassignment or genital reconstruction surgery is disqualifying
• The accession standards will be reviewed and either maintained or changed no later than 24 months from the effective date of this DTM
• May consult with a military medical provider, receive a diagnosis of gender dysphoria, and receive mental health counseling, but may not obtain a gender marker change in DEERS or serve in their preferred gender
• The United States Department of Defense and the United States Coast Guard provide equal opportunity to all Service members, in an environment free from harassment and discrimination on the basis of race, color, national origin, religion, sex, gender identity, or sexual orientation
• Separation processing will not be initiated until the enlisted Service member has been formally counseled on his or her failure to adhere to such standards and has been given an opportunity to correct those deficiencies, or has been formally counseled that his or her indication that he or she is unable or unwilling to adhere to such standards may lead to processing for administrative separation and has been given an opportunity to correct those deficiencies
• Separation processing will not be initiated until the enlisted Service member has been counseled in writing that the condition does not qualify as a disability"

• Individuals are exempt from the ban if they had before the effective date of this DTM:
• Entered into a contract for enlistment into the Military Services using DD Form 4, "Enlistment/Reenlistment Document Armed Forces of the United States", available on the DoD Forms Management Program website at [https://www.esd.whs.mil/Directives/forms/ DoD Forms Management], or an equivalent, or were selected for entrance into an officer commissioning program through a selection board or similar process; and
• Either:
• Were medically qualified for Military Service or selected for entrance into an officer commissioning program in their preferred gender in accordance with DTM-16-005; or
• As a Service member, received a diagnosis of gender dysphoria from, or had such diagnosis confirmed, by a military medical provider

• The Secretaries of Military Departments and the Commandant of the United States Coast Guard my grant full or partial waivers on a case by case individual basis for transgender individuals who are not exempt pursuant to this policy
• Delegating waiver authority may not be delegated lower than the Military Service Personnel Chiefs for the Secretaries of Military Departments and the Assistant Commandant for Human Resources for the Commandant of the United States Coast Guard.

Waivers are granted separately for gender dysphoria, to serve as one's preferred gender, and to receive maintenance hormone therapy. There is ambiguity as to the consequences of a denial of the waiver.{{cite web|url=https://www.nbcnews.com/feature/nbc-out/year-after-trans-military-ban-legal-battle-rages-n1181906|title=Year after trans military ban, legal battle rages on|website=NBC News|date=April 11, 2020 }}

On May 14, 2020, for the first time the United States Navy granted a wavier to an anonymous Naval officer, who was facing involuntary discharge serve, to serve in their preferred gender, to include obtaining a gender marker change in (the Defense Enrollment Eligibility Reporting System) and being allowed to adhere to standards associated with their preferred gender, such as uniforms and grooming.{{cite news|url=https://www.cnn.com/2020/05/14/politics/navy-first-waiver-transgender/index.html|title=US Navy grants first waiver for transgender service member to serve under their preferred gender|author=Barbara Starr and Caroline Kelly|website=CNN}}

As of August 7, 2019, according to the Washington Blade, the United States Army, United States Navy, United States Air Force, United States Marine Corps, and United States Coast Guard had engaged in no discharges under DTM-19-004. However, the Coast Guard reported denying enlistment to two applicants under DTM-19-004.{{cite web |date=August 7, 2019 |title=Military reports no discharges under trans ban — but advocates have doubts |url=https://www.washingtonblade.com/2019/08/07/military-reports-no-discharges-under-trans-ban-but-advocates-have-doubts/ |website=Washington Blade}}

The National Guards of California, Colorado, Massachusetts, Nevada, New Jersey, New Mexico, Oregon, and Washington refused to enforce the transgender ban.{{cite web|url=https://taskandpurpose.com/national-guard-transgender-military-ban|title=4 state National Guards have joined California in defying Trump's transgender military ban|date=April 24, 2019|website=Task & Purpose|access-date=June 7, 2019|archive-date=August 3, 2019|archive-url=https://web.archive.org/web/20190803134000/https://taskandpurpose.com/national-guard-transgender-military-ban|url-status=dead}}{{cite web |last=Luning |first=Ernest |title=Polis: Colorado National Guard won't enforce Trump's ban on transgender troops |url=https://www.coloradopolitics.com/news/polis-colorado-national-guard-won-t-enforce-trump-s-ban/article_5179d4f0-6dd0-11e9-a458-bf6cdc4f6725.html |website=Colorado Politics|date=May 3, 2019 }}{{cite web |last= |first= |date=May 5, 2019 |title=NJ Army National Guard will defy Trump's ban on trans military service members |url=https://outinjersey.net/nj-army-national-guard-will-defy-trumps-ban-on-trans-military-service-members/ |website=Out in Jersey}}{{cite web|url=https://www.armytimes.com/news/your-army/2019/07/19/transgender-troops-welcome-in-massachusetts-national-guard-state-official-says/|title=Transgender troops welcome in Massachusetts National Guard, state official says|agency=Associated Press|date=July 18, 2019|website=Army Times}}

The Navy did not prohibit transgender personnel from expressing their identity off-duty and did not place gender restrictions on their clothing. However, regional commanders and the senior officers present could suspend or restrict the privilege of wearing preferred gender civilian attire to meet local conditions and host-nation agreements with foreign countries.{{cite web|url=https://www.public.navy.mil/bupers-npc/reference/messages/Documents/NAVADMINS/NAV2019/NAV19070.txt|title=NAVADMIN 070/19|access-date=April 10, 2019|archive-date=November 12, 2020|archive-url=https://web.archive.org/web/20201112022651/https://www.public.navy.mil/bupers-npc/reference/messages/Documents/NAVADMINS/NAV2019/NAV19070.txt|url-status=dead}}

The United States Naval Academy planned to ban transgender people from attending the school in fall 2020.{{cite web|url=https://www.cbsnews.com/news/naval-academy-to-ban-transgender-students-starting-in-fall-2020/|title=Naval Academy to ban transgender students starting in fall 2020|website=www.cbsnews.com|date=April 17, 2019 }}

The memorandum had widespread support among Republicans. The Republican National Committee endorsed the trans ban from the military.{{cite web |title=Republican National Committee endorses ban on transgender military service |date=February 2, 2018 |url=https://archive.thinkprogress.org/rnc-transgender-military-8a9098dd42b8/}}{{cite web |last=Johnson |first=Chris |date=February 7, 2018 |title=RNC Approves Resolution Backing Trump's Transgender Military Ban |url=https://pridesource.com/article/rnc-approves-resolution-backing-trumps-transgender-military-ban-2/}} Representative Ken Calvert of California called for the exclusion of trans soldiers due to "deployability" problems.{{cite web |last1=Kelley |first1=Patrick |date=June 19, 2019 |title=Trump's military transgender ban blocked in House spending bill |url=https://www.rollcall.com/news/trumps-military-transgender-ban-blocked-house-spending-bill |via=www.rollcall.com |access-date=June 19, 2019 |archive-date=October 4, 2019 |archive-url=https://web.archive.org/web/20191004203646/https://www.rollcall.com/news/trumps-military-transgender-ban-blocked-house-spending-bill |url-status=dead }} Calvert stated, "Individuals with medical conditions that do not allow them to deploy, such as those identified in the policy, adversely impact military readiness and reduce the military's warfighting capability." However, some of Trump's supporters expressed their opposition to the ban, including Christopher R. Barron.{{cite web |title=People May Hate Roger Stone, But He's An LGBT Ally |url=https://www.buzzfeednews.com/article/christopherbarron/say-what-you-will-about-roger-stone |website=BuzzFeed News|date=October 13, 2017 }}

In August 2017, 56 retired generals and admirals signed on to a statement opposing the ban. Among them were General John R. Allen, General Robert W. Sennewald, and Vice Admiral Donald Arthur. The statement said in part: "[T]he proposed ban would degrade readiness even more than the failed 'don't ask, don't tell' policy. Patriotic transgender Americans who are serving — and who want to serve — must not be dismissed, deprived of medically necessary health care, or forced to compromise their integrity or hide their identity."{{cite web |last=Kheel |first=Rebecca |date=August 1, 2017 |title=56 retired generals, admirals warn against Trump's transgender ban |url=https://thehill.com/policy/defense/344761-56-retired-officers-warn-against-trumps-transgender-troops-ban |website=TheHill}}

Laverne Cox said, "This administration's ban on transgender service members will go into effect this Friday April 12, 2019. They have targeted trans people from the moment they took power."{{cite web |title=Tweet |url=https://twitter.com/Lavernecox/status/1116105256038010880 |access-date=2021-02-10 |website=twitter.com}}

The American Medical Association told the Associated Press in April 2019 that the memorandum mischaracterized transgender people as having a "deficiency".{{cite web |title=Health |url=https://abcnews.go.com/Health |website=ABC News}}

Kirsten Gillibrand condemned Trump for the directive, saying, "A man who has never served has told men and women that their service is not worthy, based on their gender identity. I can't think of a more discriminatory, outrageous statement."{{cite web |title=Transgender issues: Where the 2020 Democratic presidential candidates stand |url=https://www.cbsnews.com/news/2020-presidential-candidates-views-on-transgender-issues-as-trump-administration-rolls-back-lgbtq-safeguards/ |website=www.cbsnews.com|date=August 21, 2019 }} Another Democratic politician, Steve Bullock, the governor of Montana, announced he would allow transgender Americans to serve in the military.{{cite web |last=Sherfinski |first=David |date=October 31, 2019 |title=Warren plan would ban big firms from immediately hiring senior government officials |url=https://www.washingtontimes.com/news/2019/oct/31/elizabeth-warren-plan-would-ban-big-firms-from-imm/ |website=The Washington Times}} Elizabeth Warren pledged to overturn military transgender ban on the first day of her presidency.{{cite web |title=Warren pledges to overturn military transgender ban on Day 1 |url=https://www.msn.com/en-us/news/politics/warren-pledges-to-overturn-military-transgender-ban-on-day-1/ar-AAJT1Fp |url-status=dead |archive-url=https://web.archive.org/web/20191111215704/https://www.msn.com/en-us/news/politics/warren-pledges-to-overturn-military-transgender-ban-on-day-1/ar-AAJT1Fp |archive-date=11 November 2019 |access-date=17 January 2022 |website=www.msn.com}}

On March 18, 2019, Democratic 2020 nominee Cory Booker vowed to reverse Donald Trump's ban on transgender individuals serving in the military if elected.{{cite web |title=Booker pledges to undo Trump's 'un-American' trans military ban |url=https://www.nbcnews.com/feature/nbc-out/cory-booker-pledges-undo-trump-s-un-american-trans-military-n984341 |website=NBC News|date=March 18, 2019 }}

During his 2020 presidential campaign, Mike Bloomberg pledged to reverse the ban on transgender individuals in the military.{{cite web |title=Bloomberg Philanthropies |url=https://www.bloomberg.org/ |website=Bloomberg Philanthropies}}

In September 2020, Democratic nominee Joe Biden promised he would reverse the ban.{{cite web |date=September 21, 2020 |title=Biden Praises LGBTQ+ Soldiers, Slams Trump in New Message |url=https://www.out.com/politics/2020/9/21/biden-praises-lgbtq-soldiers-slams-trump-new-message |website=www.out.com}}{{cite web |date=September 21, 2020 |title=Joe Biden uses anniversary of Don't Ask, Don't Tell repeal to pledge to overturn Trump's abhorrent trans military ban |url=https://www.pinknews.co.uk/2020/09/21/joe-biden-dont-ask-dont-tell-trans-troops-ban-donald-trump-administration-lgbt/}} When asked about "the rights of transgender people, banning them from military service" in a televised townhall on October 15, 2020, Biden replied, "I would just flat-out change the law. I would eliminated [Trump's] executive orders, number one."{{cite web |date=October 16, 2020 |title=Biden tells mother of transgender daughter there should be "zero discrimination" |url=https://www.cbsnews.com/news/biden-town-hall-transgender-rights-zero-discrimination/ |website=CBS News}}

Four lawsuits challenging Directive-type Memorandum-19-004 yielded no judicial remedies:

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

The decision by the Supreme Court to stay preliminary injunctions in the cases Karnoski v. Trump and Stockman v. Trump suggested the justices would likely uphold the ban in a ruling.{{cite web|url=https://www.latimes.com/politics/la-na-pol-court-transgender-trump-20190122-story.html|title=Under Roberts, Supreme Court wades into transgender debate, avoids other tough issues|first=David G.|last=Savage|website=Los Angeles Times|date=January 22, 2019}}

On March 28, 2019, the House of Representatives passed {{USBill|116|H.Res.|124}} with 238 yeas, 185 nays, 1 present, and 8 not voting. The resolution was a non-binding resolution expressing opposition to banning service in the Armed Forces by openly transgender individuals.{{cite web|url=https://www.govtrack.us/congress/votes/116-2019/h135|title=H.Res. 124: Expressing opposition to banning service in the Armed ... -- House Vote #135 -- Mar 28, 2019|website=GovTrack.us}}

On January 25, 2021, U.S. President Joe Biden signed Executive Order 14004, which ended the transgender military ban.{{cite news|url=https://www.nbcnews.com/politics/white-house/biden-reverse-trump-s-transgender-military-ban-n1255522|title=Biden reverses Trump's transgender military ban|first1=Geoff|last1=Bennett|first2=Adam|last2=Edelman|work=NBC News|date=January 25, 2021|access-date=January 25, 2021}} Despite immediately revoking the 2017 and 2018 presidential memorandums which aided the instruction, the DoD is not required to repeal the Instruction until after holding consultation with the Joint Chiefs of Staff. The DoD announced gender inclusion at the end of March 2021.{{Cite web|url=https://www.defense.gov/News/Releases/Release/Article/2557220/dod-announces-policy-updates-for-transgender-military-service/|title = DOD Announces Policy Updates for Transgender Military Service}}

{{wikisource|Fact Sheet: President Biden Signs Executive Order Enabling All Qualified Americans to Serve Their Country in Uniform}}

• Transgender personnel in the United States military
• Transgender inequality

{{reflist}}

• [https://www.esd.whs.mil/Portals/54/Documents/DD/issuances/dodi/130028p.pdf?ver=2020-09-04-115910-477 DOD INSTRUCTION 1300.28]
• [https://drive.google.com/file/d/1tQugAtmmg-cDrhwQVRPtCGNBA6c7b3x2/view Directive-type Memorandum (DTM)-19-004]
• [https://www.marines.mil/News/Messages/MARADMINS/Article/1807889/military-service-by-transgender-persons-and-persons-with-gender-dysphoria/ MARADMINS Number: 220/19 ]
• [https://www.public.navy.mil/bupers-npc/reference/messages/Documents/NAVADMINS/NAV2019/NAV19070.txt NAVADMIN 070/19 ] {{Webarchive|url=https://web.archive.org/web/20201112022651/https://www.public.navy.mil/bupers-npc/reference/messages/Documents/NAVADMINS/NAV2019/NAV19070.txt |date=November 12, 2020 }}
• [https://www.dcms.uscg.mil/Our-Organization/Assistant-Commandant-for-Human-Resources-CG-1/Reserve-and-Military-Personnel-CG-13/Military-Personnel/Transgender-Policy/ United States Coast Guard transgender policy]

{{Queer people and military service in the United States}}

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