Controversial Executive Orders: Impact on Military’s Transgender Policies and DEI Initiatives

President Trump signs executive orders that would reshape military service policies, excluding openly transgender individuals and dismantling DEI programs.

Quick Takes

Trump’s orders will restrict transgender people from serving in the military and end DEI practices.
The military will recognize only two sexes and use facilities based on biological sex.
Troops discharged for refusing COVID-19 vaccines may be reinstated with back pay and benefits.
A lawsuit has been filed challenging the ban on transgender troops as discriminatory.
The Pentagon will implement the executive order as directed, without commenting on litigation.

Trump’s Executive Orders: A Shift in Military Policy

President Donald Trump is poised to sign executive orders that will significantly alter the landscape of U.S. military service policies. These orders are expected to restrict openly transgender individuals from serving in the military and dismantle Diversity, Equity, and Inclusion (DEI) programs within the armed forces. The move represents a stark reversal of policies implemented during the Biden administration and signals a return to Trump-era approaches to military personnel management.

The first executive order will rescind President Joe Biden’s 2021 directive that allowed transgender individuals to serve openly in the military. The Trump administration cites concerns about the physical capability of service members during gender-transitioning surgeries as a primary reason for this change. According to a fact sheet accompanying the order, “It can take a minimum of 12 months for an individual to complete treatments after transition surgery, which often involves the use of heavy narcotics. During this period, they are not physically capable of meeting military readiness requirements and require ongoing medical care.”

Exclusive: Transgender rights groups are preparing to file a lawsuit against US President Donald Trump's order targeting transgender service members, in what would be the first legal challenge to a cornerstone of his conservative agenda at the Pentagon https://t.co/Psicn1apjE

— Reuters (@Reuters) January 28, 2025

Eliminating DEI and Reinstating Discharged Troops

A second executive order will target the elimination of DEI practices within the Armed Forces, Department of Defense, and Department of Homeland Security. The administration views these programs as promoting discriminatory race- or sex-based preferences. The order mandates that only two sexes, male and female, will be recognized, and facilities will be used according to biological sex. “Invented and identification-based pronouns” will no longer be recognized in military contexts. “The President’s guidance of lawful orders is clear, No more DEI at the Department of Defense. The Pentagon will comply, immediately. No exceptions, name-changes, or delays.” stated Pete Hegseth

In addition to these changes, Trump is expected to announce an order reinstating U.S. troops who were discharged for refusing the COVID-19 vaccine. This move would allow these service members to return to their former ranks with back pay and benefits, addressing a contentious issue that arose during the pandemic.

Legal Challenges and Opposition

The announcement of these executive orders has already sparked legal challenges. Six active-duty transgender service members have filed a lawsuit against President Trump, claiming that the ban discriminates based on sex and transgender status, violating the Equal Protection component of the Fifth Amendment’s Due Process Clause. The lawsuit argues that being transgender does not affect their ability to serve effectively and meet military standards. “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. … We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.” stated Army Capt. Gordon Herrero, one of the plaintiffs.

The legal challenge may test current policy against broader principles of military service eligibility and membership criteria. The National Center for Lesbian Rights and GLAD Law filed the lawsuit in the U.S. District Court of the District of Columbia, with Lambda Legal and the Human Rights Campaign also planning to challenge the executive order.

Implementation and Impact

The Pentagon has stated it will implement the executive order as directed, without commenting on the ongoing litigation. While there is no official data on the number of transgender military personnel, estimates suggest thousands may be affected by these policy changes. The administration maintains that the pursuit of military excellence should not be compromised by political agendas or ideologies that may harm unit cohesion.

As these executive orders take effect, they are likely to reshape the composition and culture of the U.S. military significantly. The debate over the role of transgender individuals in the armed forces and the place of DEI programs in military institutions is set to continue, with legal battles and policy discussions shaping the future of America’s military personnel policies.