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Pentagon will identify transgender service members and begin discharging them

Policy goes further than the anti-trans military ban in first Trump term

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Defense Secretary Pete Hegseth (Screen capture: C-SPAN)

The Pentagon on Thursday said that within 30 days it will draft and submit a procedure to identify service members who are transgender and begin discharging them from the military within 30 days of that date.

In his second administration, President Donald Trump has ordered an anti-trans military ban that goes further than the policy introduced during his first term, which only prohibited the military from accepting trans enlistees.

LGBTQ groups and other parties that filed lawsuits managed to significantly delay enforcement of the order for years, and likewise they are challenging the 2025 iteration in multiple federal courts.

On Thursday, New York State Attorney General Letitia James and a coalition of 20 attorneys general filed a brief to the U.S. District Court for the Western District of Washington supporting the plaintiffs in one of those cases.

The White House directed the Pentagon to submit a formal policy detailing how the ban would be enforced via Trump’s Jan. 27 executive order, “Prioritizing Military Readiness and Excellence,”—which, like Thursday’s memo, denigrated trans soldiers and dismissed the sacrifice of their service.

Also per Trump’s directive, earlier this month the military announced it would discontinue providing gender affirming medical care and stop welcoming would-be enlistees who are trans.

Critics argue the administration’s policy doesn’t just fail to strengthen the military or fortify America’s defenses, as promised in the title of Trump’s directive, but it actually imperils those very objectives by separating qualified, proven soldiers at the expense of readiness and preparedness without a reasonable justification for their exclusion.

The Pentagon specified the exemptions would be reserved for only cases “provided there is a compelling government interest in retaining the service member that directly supports warfighting capabilities,” and even then only for service members who demonstrate “36 consecutive months of stability in [their] sex without clinically significant distress.”

Estimates of the number of trans service members range from the low thousands to as many as 15,000.

“The scope and severity of this ban is unprecedented. It is a complete purge of all transgender individuals from military service,” Shannon Minter of the National Center For Lesbian Rights told Reuters.

Other LGBTQ organizations shared statements condemning the memo on Thursday.

SPARTA:

Transgender Americans have served openly and honorably in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.

No policy will ever erase transgender Americans’ contribution to history, warfighting, or military excellence. Transgender service members have a unique fighting spirit and will continue to defend the constitution and American Values no matter what lies ahead.

In the meantime, SPARTA Pride continues to stand in solidarity with all transgender service members.

The Human Rights Campaign and Lambda Legal, in a joint statement:

The Human Rights Campaign Foundation and Lambda Legal today condemned the Department of Defense (DoD) guidance implementing the Trump administration’s policy banning transgender individuals from enlisting or continuing to serve in the United States Armed Forces that was issued Feb. 26. The policy institutes a 30-day period to begin separation of any current transgender servicemember currently in the military and has immediate impacts on access to healthcare and treatment of transgender servicemembers.

“A dishonorable action from a dishonorable administration. This attack on those who have dedicated themselves to serving our country is not only morally reprehensible but fundamentally un-American. Forcing out thousands of transgender servicemembers—who have met every qualification to serve—does not enhance military excellence or make our country safer. Instead, the United States will be losing highly trained professionals who serve in roles critical to our national security.  The courage and sacrifice demonstrated by transgender servicemembers in uniform-deserve our utmost respect and protection, not discrimination. This blatant injustice cannot stand, and we look forward to continuing to represent the brave transgender servicemembers in court.” 

Earlier this month, Lambda Legal and HRCF filed a federal lawsuit challenging the constitutionality of the Trump administration’s ban on military service by transgender people. The lawsuit—brought in response to the administration’s Jan. 27 executive order—was filed on behalf of six actively serving transgender service members, a transgender person seeking to enlist in the military, and Gender Justice League, a civil and human rights organization headquartered in Seattle.

On Feb. 19, Lambda Legal and HRCF asked the district court to block the trans military ban while the litigation proceeds.

Read more about the case here: https://lambdalegal.org/case/shilling-v-trump/

U.S. Rep. Mark Takano (D-Calif.), chair of the Congressional Equality Caucus:

The contrast between Donald Trump—who cried “bone spurs” to avoid military service—and the countless transgender Americans who serve their country with valor couldn’t be any clearer. Now, Trump’s Department of Defense has taken the latest steps to oust thousands of qualified, dedicated, and deployable servicemembers simply because he doesn’t like who they are. This is morally wrong, unconstitutional, and stupid. 

President Trump’s discriminatory ban will needlessly create gaps in critical chains of command, endanger our national security, and flush millions of dollars spent on training these servicemembers down the drain. Every American who is willing and able to serve should be able to, regardless of how the President feels about their identity. As chair of the Equality Caucus, the largest coalition of members in the House of Representatives, I am committed to seeing this un-American ban undone and working to pass explicit, long-lasting protections for transgender people who sign up to serve their nation into law.

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U.S. Military/Pentagon

Pentagon moves to break with Boy Scouts over LGBTQ and gender inclusion

Leaked memo shows Hegseth rejecting Scouting America’s shift toward broader inclusion

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Scouts for Equality march in the 2015 Capital Pride Parade. (Washington Blade file photo by Michael Key)

The Pentagon is preparing to sever its longstanding partnership with the Boy Scouts of America, now known as Scouting America.

In a draft memo to Congress obtained by NPR, Defense Secretary Pete Hegseth criticizes the organization for being “genderless” and for promoting diversity, equity, and inclusion.

“The organization once endorsed by President Theodore Roosevelt no longer supports the future of American boys,” Hegseth wrote, according to Defense Department sources.

Girls have been eligible to join Cub Scouts (grades K–5) since 2018, and since 2019 they have been able to join Scouts BSA troops and earn the organization’s highest rank of Eagle Scout.

A statement on the Scouting America website says the shift toward including girls stemmed from “an expanding demand to join the Boy Scouts” and a commitment to inclusivity. “Throughout the late 20th and early 21st centuries, it has undergone significant changes to become more inclusive of the adult staff and volunteers that drive its programming as well as of scouts and their families,” the organization says.

Part of that broader push included lifting its ban on openly gay members in 2014 and on openly gay adult leaders in 2015.

Once the Pentagon finalizes the break, the U.S. military will no longer provide medical and logistical support to the National Jamboree, the massive annual gathering of scouts in West Virginia that typically draws about 20,000 participants. The memo also states that the military will no longer allow scout troops to meet on U.S. or overseas installations, where many bases host active scout programs.

Hegseth’s memo outlines several justifications for the decision, arguing that Scouting America has strayed from its original mission to “cultivate masculine values” by fostering “gender confusion.” It also cites global conflicts and tightening defense budgets, claiming that deploying troops, doctors and vehicles to a 10-day youth event would “harm national security” by diverting resources from border operations and homeland defense.

“Scouting America has undergone a significant transformation,” the memo states. “It is no longer a meritocracy which holds its members accountable to meet high standards.”

The Pentagon declined NPR’s request for comment. A “War Department official” told the outlet that the memo was a “leaked document that we cannot authenticate and that may be pre-decisional.”

The leaked memo comes roughly one month after nearly every major journalism organization walked out of the Pentagon in protest of new rules requiring reporters to publish only “official” documents released by the department — effectively banning the use of leaked or unpublished materials.

President Donald Trump, who serves as the honorary head of Scouting America by virtue of his office, praised the Jamboree audience during his 2017 visit to West Virginia. “The United States has no better citizens than its Boy Scouts. No better,” he said, noting that 10 members of his Cabinet were former Scouts.

Hegseth was never a scout. He has said he grew up in a church-based youth group focused on memorizing Bible verses. As a Fox News host last year, he criticized the Scouts for changing their name and admitting girls.

“The Boy Scouts has been cratering itself for quite some time,” Hegseth said. “This is an institution the left didn’t control. They didn’t want to improve it. They wanted to destroy it or dilute it into something that stood for nothing.”

NBC News first reported in April that the Pentagon was considering ending the partnership, citing sources familiar with the discussions. In a statement to NBC at the time, Pentagon spokesman Sean Parnell said, “Secretary Hegseth and his Public Affairs team thoroughly review partnerships and engagements to ensure they align with the President’s agenda and advance our mission.”

The Scouting America organization has has long played a role in military recruiting. According to numbers provided by Scouting America, many as 20 percent of cadets and midshipmen at the various service academies are Eagle Scouts. Enlistees who have earned the Eagle rank also receive advanced entry-level rank and higher pay — a practice that would end under the proposed changes.

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Coast Guard’s redefinition of hate symbols raises safety concerns for service members

Revoked policy change sparked immediate condemnation

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U.S. Coast Guard, gay news, Washington Blade
(Public domain photo)

The U.S. Coast Guard has reversed course on a recent policy shift that removed swastikas — long used by hate-based groups to signify white supremacy and antisemitism — from its list of “hate symbols.” After widespread backlash, the symbols, initially reclassified as “potentially divisive,” have been restored to their previous designation as hate symbols.

Under the now-revised policy, which was originally published earlier this month, symbols including swastikas and nooses were labeled “potentially divisive,” a change officials said could still trigger an investigation and potential disciplinary action, including possible dishonorable discharge.

The Washington Post first reported the change on Thursday, outlining how the updated guidance departed from earlier Coast Guard policy.

According to the November 2025 U.S. Coast Guard policy document, page 36 (11–1 in print):

“Potentially divisive symbols and flags include, but are not limited to, the following: a noose, a swastika, and any symbols or flags co-opted or adopted by hate-based groups as representations of supremacy, racial or religious intolerance, or other bias.”

This conflicted with the February 2023 U.S. Coast Guard policy document, page 21 (19 in print), which stated:

“The following is a non-exhaustive list of symbols whose display, presentation, creation, or depiction would constitute a potential hate incident: a noose, a swastika, supremacist symbols, Confederate symbols or flags, and anti-Semitic symbols. The display of these types of symbols constitutes a potential hate incident because hate-based groups have co-opted or adopted them as symbols of supremacy, racial or religious intolerance, or other bias.”

The corrected classification now reads:

“Divisive or hate symbols and flags are prohibited. These symbols and flags include, but are not limited to, the following: a noose, a swastika, and any symbols or flags co-opted or adopted by hate-based groups as representations of supremacy, racial or religious intolerance, anti-semitism, or any other improper bias.”

The revised policy also explicitly prohibits the display of any divisive or hate symbols, stating they “shall be removed from all Coast Guard workplaces, facilities, and assets.”

In addition to the reclassification, the earlier policy change had instituted a significant procedural shift: while past policy placed no time limit on reporting potential hate incidents, the new guidance required reports of “potentially divisive” symbols to be filed within 45 days.

This shortened reporting window drew immediate criticism from within the service. One Coast Guard official, speaking to the Post, warned that the new structure could deter reporting, particularly among minority service members.

“If you are at sea, and your shipmate has a swastika in their rack, and you are a Black person or Jew, and you are going to be stuck at sea with them for the next 60 days, are you going to feel safe reporting that up your chain of command?” the official said.

The Coast Guard reversed course following this backlash, reverting to a Biden-era classification and removing the “potentially divisive” language from the policy.

These rapid changes follow a directive from Defense Secretary Pete Hegseth, who ordered a sweeping review of hazing, bullying, and harassment policies, arguing that longstanding guidelines were “overly broad” and were “jeopardizing combat readiness, mission accomplishment, and trust in the organization.”

After the Post’s reporting, senior Coast Guard leadership attempted to reassure service members that the updated language would not weaken the service’s stance on extremism. In a message to members — obtained by ABC News — Commandant Adm. Kevin Lunday and Master Chief Petty Officer of the Coast Guard Phil Waldron addressed concerns directly.

“Let me be absolutely clear: the Coast Guard’s policy prohibiting hate and discrimination is absolute,” the message said. “These prohibited symbols represent repugnant ideologies that are in direct opposition to everything we stand for. We have zero tolerance for hate within our ranks.”

Still, the policy changes prompted swift political reaction.

U.S. Sen. Jacky Rosen (D-Nev.), a member of the Senate Commerce Committee, urged the Trump-Vance administration to reverse the modifications before they took effect.

“At a time when antisemitism is rising in the United States and around the world, relaxing policies aimed at fighting hate crimes not only sends the wrong message to the men and women of our Coast Guard, but it puts their safety at risk,” Rosen said in a statement to the Post.

The controversy comes as federal agencies face growing scrutiny over how they regulate symbolic expression and disciplinary standards. Just days earlier, FBI Director Kash Patel issued a letter concerning the dismissal of David Maltinsky, a veteran FBI employee in training to become a special agent. Maltinsky was “summarily dismissed” after the “inappropriate display” of a Pride flag at the Los Angeles FBI field office — a flag he had flown with his supervisors’ approval.

Taken together, the incidents underscore escalating tensions across federal law enforcement and military branches over the policing of symbols, speech, and expression — at a time when debates around extremism, diversity, and LGBTQ visibility remain deeply polarized.

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Serving America, facing expulsion: Fight for trans inclusion continues on Veterans Day

Advocates sue to reverse Trump ban while service members cope with new struggles

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Second Lt. Nicolas (Nic) Talbott (Photo courtesy of Talbott)

President Trump signed EO 14183, titled “Prioritizing Military Excellence and Readiness,” on Jan. 27, directing the Department of Defense (DoD) to adopt policies that would prohibit transgender, nonbinary, and gender-nonconforming people from serving in the military.

The Trump-Vance administration’s policy shift redefines the qualifications for military service, asserting that transgender people are inherently incapable of meeting the military’s “high standards of readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” citing a history or signs of gender dysphoria. According to the DoD, this creates “medical, surgical, and mental health constraints on [an] individual.” Regardless of their physical or intellectual capabilities, transgender applicants are now considered less qualified than their cisgender peers.

On Jan. 28, 2025, GLBTQ Legal Advocates and Defenders (GLAD) Law and the National Center for LGBTQ Rights (NCLR) filed Talbott v. Trump, a federal lawsuit in the U.S. District Court for the District of Columbia challenging the executive order. Originally filed on equal protection grounds on behalf of six active service members and two individuals seeking enlistment, the case has since grown to include 12 additional plaintiffs.

The Washington Blade spoke exclusively with Second Lt. Nicolas (Nic) Talbott, U.S. Army, a plaintiff in the case, and with Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law, who is leading the litigation.

For Talbott, serving in the military has been a lifelong aspiration, one he pursued despite the barriers posed by discriminatory policies.

“Being transgender posed quite the obstacle to me achieving that dream,” Talbott told the Blade. “Not because it [being trans] had any bearing on my ability to become a soldier and meet the requirements of a United States soldier, but simply because of the policy changes that we’ve been facing as transgender service members throughout the course of the past decade… My being transgender had nothing to do with anything that I was doing as a soldier.”

This drive was fueled by early life experiences, including the impact of the Sept. 11 terrorist attacks, which shaped his desire to protect his country.

“Even for an eight-year-old kid, [9/11] has a tremendous amount of impact… I remember thinking, you know, this is a terrible thing. Me, and when I grow up, I want to make sure nothing like this ever happens again,” he said. “I’ve still tried to gear my life in a way that I can be preparing myself to eventually help accomplish that mission of keeping America safe from anything like that ever happening again.”

The attacks inspired countless Americans to enlist; according to the New York City government, 181,510 joined active duty and 72,908 enlisted in the reserves in the year following 9/11. Although Talbott was too young to serve at the time, the events deeply influenced his educational and career path.

“For me, [9/11] just kind of helped shape my future and set me on the path that I’m currently on today,” he added. “It ignited my passion for the field, and it’s something that you know, I’ve carried with me into my adult life, into my professional life, and that I hope to have a career in the future.”

Talbott holds a master’s degree in criminology with a focus on counterterrorism and global security, and while completing his degree, he gained practical experience working with the Transportation Security Administration.

Despite the public scrutiny surrounding the lawsuit and the ongoing uncertainty of his military future, Talbott remains grounded in the values that define military service.

“Being so public about my involvement with this lawsuit grants me the very unique opportunity to continue to exemplify those values,” Talbott said. “I’m in a very privileged spot where I can speak relatively openly about this experience and what I’m doing. It’s very empowering to be able to stand up, not only for myself, but for the other transgender service members out there who have done nothing but serve with honor and dignity and bravery.”

The ban has created significant uncertainty for transgender service members, who now face the possibility of separation solely because of their gender identity.

“With this ban… we are all [trans military members] on track to be separated from the military. So it’s such a great deal of uncertainty… I’m stuck waiting, not knowing what tomorrow might bring. I could receive a phone call any day stating that the separation process has been initiated.”

While the Department of Defense specifies that most service members will receive an honorable discharge, the policy allows for a lower characterization if a review deems it warranted. Compensation and benefits differ depending on whether service members opt for voluntary or involuntary separation. Voluntary separation comes with full separation pay and no obligation to repay bonuses, while involuntary separation carries lower pay, potential repayment of bonuses, and uncertain success in discharge review processes.

Healthcare coverage through TRICARE continues for 180 days post-discharge, but reduced benefits, including VA eligibility, remain a concern. Those with 18–20 years of service may qualify for early retirement, though even this is not guaranteed under the policy.

Talbott emphasized the personal and professional toll of the ban, reflecting on the fairness and capability of transgender service members.

“Quite frankly, the evidence that we have at hand points in the complete opposite direction… there are no documented cases that I’m aware of of a transgender person having a negative impact on unit cohesion simply by being transgender… Being transgender is just another one of those walks of life.”

“When we’re losing thousands of those qualified, experienced individuals… those are seats that are not just going to be able to be filled by anybody … military training that’s not going to be able to be replaced for years and years to come.”

Talbott also highlighted the unique discipline, dedication, and value of diversity that transgender service members bring—especially in identifying problems and finding solutions, regardless of what others think or say. That, he explained, was part of his journey of self-discovery and a key reason he wants to continue serving despite harsh words of disapproval from the men leading the executive branch.

“Being transgender is not some sad thing that people go through… This is something that has taken years and years and years of dedication and discipline and research and ups and downs to get to the point where I am today… my ability to transition was essential to getting me to that point where I am today.”

He sees that as an asset rather than a liability. By having a more diverse, well-rounded group of people, the military can view challenges from perspectives that would otherwise be overlooked. That ability to look at things in a fresh way, he explained, can transform a good service member into a great one.

“I think the more diverse our military is, the stronger our military is… We need people from all different experiences and all different perspectives, because somebody is going to see that challenge or that problem in a way that I would never even think of… and that is what we need more of in the U.S. military.”

Beyond operational effectiveness, Talbott emphasized the social impact of visibility and leadership within the ranks. Fellow soldiers often approached him for guidance, seeing him as a trusted resource because of his transgender status.

“I can think of several instances in which I have been approached by fellow soldiers… I feel like you are a person I can come to if I have a problem with X, Y or Z… some people take my transgender status and designate me as a safe person, so to speak.”

With the arrival of Veterans Day, the Blade asked what he wishes the public knew about the sacrifices of transgender service members. His answer was modest.

“Every person who puts on the uniform is expected to make a tremendous amount of sacrifice,” Talbott said. “Who I am under this uniform should have no bearing on that… We shouldn’t be picking and choosing which veterans are worthy of our thanks on that day.”

Jennifer Levi, GLAD Law’s Senior Director of Transgender and Queer Rights, also spoke with the Blade and outlined the legal and human consequences of the ban. This is not Levi’s first time challenging the executive branch on transgender rights; she led the legal fight against the first Trump administration’s military ban in both Doe v. Trump and Stockman v. Trump.

Levi characterized the policy as overtly cruel and legally indefensible.

“This policy and its rollout is even more cruel than the first in a number of ways,” Levi explained. “For one, the policy itself says that transgender people are dishonest, untrustworthy and undisciplined, which is deeply offensive and degrading and demeaning.”

She highlighted procedural abuses and punitive measures embedded in the policy compared to the 2017 ban.

“In the first round the military allowed transgender people to continue to serve… In this round the military policy purge seeks to purge every transgender person from military service, and it also proposes to do it in a very cruel and brutal way, which is to put people through a process… traditionally reserved for kicking people out of the military who engaged in misconduct.”

Levi cited multiple examples of discrimination, including the revocation of authorized retirements and administrative barriers to hearings.

She also explained that the administration’s cost argument is flawed, as removing and replacing transgender service members is more expensive than retaining them.

“There’s no legitimate justification relating to cost… it is far more expensive to both purge the military of people who are serving and also to replace people… than to provide the minuscule amount of costs for medications other service members routinely get.”

On legal grounds, Levi noted the ban violates the Equal Protection Clause.

“The Equal Protection Clause prevents laws that are intended to harm a group of people… The doctrine is rooted in animus, which means a bare desire to harm a group is not even a legitimate governmental justification.”

When asked what she wishes people knew about Talbott and other targeted transgender military members, Levi emphasized their extraordinary service.

“The plaintiffs that I represent are extraordinary… They have 260 years of committed service to this country… I have confidence that ultimately, this baseless ban should not be able to legally survive.”

Other organizations have weighed in on Talbott v. Trump and similar lawsuits targeting transgender service members.

Human Rights Campaign Foundation President Kelley Robinson criticized the ban’s impact on military readiness and highlighted the counterintuitive nature of removing some of the country’s most qualified service members.

“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” Robinson said. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces.”

Lambda Legal Senior Counsel Sasha Buchert echoed the legal and moral imperative to reverse the policy.

“Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military,” she said. “The evidence is overwhelming that this policy is driven by animus rather than military necessity… We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”

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