Transgender sailors, Marines offered benefits to voluntarily leave service or face being kicked out

The Department of the Navy’s Voluntary Separation Policy for Transgender Sailors and Marines

The Department of the Navy has introduced a policy offering transgender sailors and Marines the option to voluntarily separate from the service by March 28. This move aligns with President Donald Trump’s January executive order barring transgender individuals from serving in the military, as well as subsequent orders from Secretary of Defense Pete Hegseth directing the separation of transgender troops within 30 days. Acting Secretary of the Navy Terence Emmert emphasized that the Department of the Navy recognizes only male and female as valid sexes and views an individual’s sex as immutable. Consequently, sailors and Marines with a history of or symptoms consistent with gender dysphoria may no longer serve and are encouraged to leave the service voluntarily. Those who do not opt for voluntary separation by the deadline will face involuntary removal, resulting in reduced benefits.

The Policy and Its Medical Disqualifications

The memo specifies that a history of cross-sex hormone therapy, sex reassignment, or genital reconstruction surgery for gender dysphoria or sex transition is disqualifying for military service. However, the Navy has stated it will not actively review medical records or health assessments to identify transgender service members unless explicitly necessary. This approach aims to balance the enforcement of the policy with the privacy of service members. The Navy’s decision to allow voluntary separation is part of a broader effort to comply with the Trump administration’s transgender military ban, which has faced significant legal and public backlash.

Financial Incentives and Uncertainties in Separation

Transgender service members who choose voluntary separation are eligible for double the separation pay compared to those who are involuntarily removed. For example, an E-5 petty officer with 10 years of service could receive $101,628 for voluntary separation, while involuntary separation would yield only $50,814. However, this incentive is not available to all. Service members with less than six years or more than 20 years of service do not qualify for voluntary separation pay, adding another layer of uncertainty for those affected by the policy. The Navy has emphasized that the Chief of Naval Operations and Commandant of the Marine Corps will ensure impacted personnel are treated with dignity and respect throughout the process.

Exceptions and Command Discretion

While the policy largely restricts transgender individuals from serving, there is room for exceptions. The Secretary of the Navy may issue waivers on a case-by-case basis for those seeking to remain or join the service, provided their retention or recruitment directly supports warfighting capabilities. This provision acknowledges that some transgender service members may have skills or expertise critical to military operations. However, the criteria for such waivers remain unclear, leaving many uncertain about their options.

Legal Challenges and Advocacy Responses

The Navy’s announcement coincided with ongoing legal challenges to the transgender military ban. On the same day, a federal judge heard arguments for a lawsuit filed by LGBTQ advocacy groups GLAD Law and the National Center for Lesbian Rights, seeking a preliminary injunction to pause the ban while litigation continues. Another lawsuit, filed by the Human Rights Campaign Foundation and Lambda Legal, challenges the ban on behalf of six transgender service members. Advocacy groups have condemned the policy as discriminatory and unconstitutional, arguing that it undermines military excellence and harms dedicated service members.

The Broader Debate Over Transgender Military Service

The policy has sparked significant debate, with Navy leaders historically defending LGBTQ service members. For instance, former Chief of Naval Operations Adm. Mike Gilday praised a nonbinary officer’s participation in an LGBTQ spoken-word event, emphasizing the importance of diversity and inclusion. However, political criticism has also arisen, with some lawmakers questioning the Navy’s priorities. Gilday and others argue that treating service members with dignity and respect is essential to building a cohesive and effective military team. As the legal battle unfolds, the future of transgender military service remains uncertain, with the outcome likely to have far-reaching implications for thousands of service members and their families.