Trump formally issues memo banning transgender service members

Demonstrators gather to protest President Donald Trump's announcement that he plans to reinstate a ban on transgender individuals from serving in any capacity in the U.S. military, at the White House in Washington. | Reuters/Jonathan Ernst

President Donald Trump has officially signed a memorandum that bans transgender individuals from serving in the military.

In the memo sent to the Secretaries of the Departments of Defense (DoD) and Homeland Security (DHS) on Friday, Trump directed the military to "return to the longstanding policy" of barring transgender individuals from entering the service.

The directive also instructs the departments to "halt all use" of government funds for gender-reassignment surgeries unless "necessary to protect the health of an individual who has already begun a course of treatment to reassign his or her sex."

Additionally, the order directs Secretary of Defense Jim Mattis submit a plan by Feb. 21 on how to handle transgender individuals who are currently serving in the military using criteria including "military effectiveness and lethality," budget constraints and law.

The memo also criticized the Obama administration for lifting the longstanding ban on transgender service members in 2016.

"In my judgment, the previous Administration failed to identify a sufficient basis to conclude that terminating the Departments' longstanding policy and practice would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources, and there remain meaningful concerns that further study is needed to ensure that continued implementation of last year's policy change would not have those negative effects," Trump wrote, as reported by Baptist Press.

Trump said that the ban on transgender individuals will remain in place "until such time as sufficient basis exists upon which to conclude that terminating that policy and practice would not have" negative effects on the military.

While the ban appealed to some conservatives in Trump's political base, it created uncertainty for thousands of transgender service members, many of whom came out in 2016 when the Pentagon announced that it would allow transgender individuals to serve openly.

A study conducted by the RAND Corporation has estimated that about 2,500 active duty personnel are transgender.

Although the memorandum will not take effect until January 2018, two lawsuits have already been filed to challenge the controversial ban on transgender service members.

Both lawsuits argued that the ban violates the U.S. Constitution which guarantees equal protection and due process under the Fifth Amendment. One of the cases contends that it also infringed on the free speech rights of service members.

One of the lawsuits was filed by the American Civil Liberties Union (ACLU) in Baltimore federal court on behalf of six transgender individuals currently serving in several branches of the army.

The second case was filed in Seattle by Lambda Legal, a group of lawyers fighting for gay rights, and OutServe-SLDN, which advocates for equality in the military. It was filed on behalf of an army staff sergeant, two transgender individuals who wanted to join the military and several groups who argue that the ban "wrongfully prevents wrongfully prevents patriotic, talented Americans from serving" the country.