Directive-type Memorandum-19-004
Directive-type Memorandum-19-004 is a memorandum signed by David L. Norquist of the United States Department of Defense. The DTM bans most transgender individuals from serving or enlisting in the United States Armed Forces and applies to all organizational entities in the United States Department of Defense and the United States Coast Guard.
The memorandum bans new applicants who have any history of medical transition treatment. Applicants with a history of gender dysphoria are presumptively disqualified unless they have been deemed "stable" after 36 months and willing to detransition under their birth sex. The DTM took effect on April 12, 2019 and was scheduled to expire on March 12, 2020, but it has since been extended till September 12, 2020.
History
On October 3, 2016, Donald Trump called transgender individuals serving the United States military as "politically correct", but said he would leave such decisions to top military leaders. On May 16, 2017, a letter that was signed by dozens of right-leaning groups pushing for banning transgender individuals from the United States military. After the failure of passage of House Amendment 183, an amendment to prohibit the Pentagon funding gender reassignment surgeries sponsored by Vicky Hartzler, to the National Defense Authorization Act for Fiscal Year 2018, House Republicans went to Defense Secretary James Mattis to prohibit the Pentagon funding gender reassignment surgeries, who refused to immediately upend the policy. An extensive Defense Department review of the policy was already underway, but a decision wasn’t expected for months. So House Republicans went to the White House to prohibit the Pentagon funding gender reassignment surgeries. 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 individuals from the military, despite the ongoing Pentagon review.On July 26, 2017, President Trump tweeted he that would ban transgender personnel in the United States military. According to Politico, President Trump had always planned to ban transgender individuals from the military and prohibit the Pentagon funding gender reassignment surgeries. According to numerous 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.
Provisions
- 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, 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"
Exempt individuals
- 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/, 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
Waivers
- 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.
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 and being allowed to adhere to standards associated with their preferred gender, such as uniforms and grooming.
Comparison table
Enforcement
As of August 7, 2019, according to the Washington Blade, the United States Army, the United States Navy, the United States Air Force, the United States Marine Corps, and the United States Coast Guard have engaged in no discharges under Directive-type Memorandum-19-004. Also reported by the Washington Blade, the United States Army, the United States Navy, the United States Air Force, and the United States Marine Corps have engaged in no denial of enlistment to applicants under Directive-type Memorandum-19-004.United States Coast Guard
As of August 7, 2019, according to the Washington Blade, the United States Coast Guard reported denying enlistment to two applicants under Directive-type Memorandum-19-004.United States National Guard
The following state national guards are currently not enforcing the ban on transgender troops: California, Colorado, Massachusetts, Nevada, New Jersey, New Mexico, Oregon, and Washington.United States Navy
Service Members may live socially in their preferred gender while off-duty. There is no policy that prohibits the ability of a Service Member to express themselves off-duty in their preferred gender. Appropriate civilian attire, as outlined in the uniform regulations, will not be determined based on gender. Regional commanders and the senior officers present may suspend or restrict the privilege of wearing preferred gender civilian attire to meet local conditions and host-nation agreements with foreign countries.United States Naval Academy
Starting in the fall of 2020, the United States Naval Academy will ban people who are transgender from attending the school.Retention bills
| Congress | Bill numbers | Date introduced | Sponsors | # of cosponsors | Latest status |
| 116th Congress | May 2, 2019 | Adam Smith | 1 | House - 07/12/2019 The Clerk was authorized to correct section numbers, punctuation, and cross references, and to make other necessary technical and conforming corrections in the engrossment of H.R. 2500. | |
| 116th Congress | May 15, 2019 | Rosa L. DeLauro | 0 | Senate - 07/10/2019 Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 140. | |
| 116th Congress | February 7, 2019 | Jackie Speier | 23 | House - 02/08/2019 Referred to the Subcommittee on Military Personnel. | |
| 116th Congress | February 7, 2019 | Kirsten Gillibrand | 12 | Senate - 02/07/2019 Read twice and referred to the Committee on Armed Services. |
Lawsuits
There are currently four lawsuits challenging Directive-type Memorandum-19-004:- Jane Doe v. Trump
- Stone v. Trump
- Karnoski v. Trump
- Stockman v. Trump
H.Res. 124
On March 28, 2019, the United States House of Representatives passed, with 238 yeas, 185 nays, 1 present, and 8 not voting,, a non-binding resolution expressing opposition to banning service in the Armed Forces by openly transgender individuals.Opinion polling
Reactions
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."Kirsten Gillibrand blasted Trump for his discriminatory 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." Another Democratic politician, Steve Bullock, the governor of Montana, announced he would allow transgender Americans to serve in the military. Elizabeth Warren has pledged to overturn military transgender ban on the first day of her presidency.
The American Medical Association told the Associated Press in April 2019 that the memorandum mischaracterized transgender people as having a "deficiency."
On March 18, 2019, Democratic 2020 presidential candidate Cory Booker vowed to reverse Donald Trump’s ban on transgender individuals serving in the military if elected.
The military ban has widespread support among Republicans. The Republican National Committee has endorsed the trans ban from the military. Representative Ken Calvert of California has called for the exclusion of trans soldiers due to "deployability" problems. 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."
Some of Trump's own supporters have expressed their opposition to Directive-type Memorandum-19-004, including Christopher R. Barron. In addition, 56 retired generals and admirals signed on to a statement opposing the directive.
During his 2020 presidential campaign, Mike Bloomberg pledged to reverse the ban on transgender individuals in the military.