On 27 January 2025, President Trump signed Executive Order 14183, Prioritizing Military Excellence and Readiness. On 26 February 2025, the Under Secretary of Defense issued additional guidance on implementation of the policy. The stated rationale is that the “medical, surgical, and mental health constraints … [associated with] gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” In the Attachment, paragraph 1.c. states that military service by members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria “is not in the best interests of the Military Services and is not clearly consistent with the interests of national security” (emphasis added). Further implementation guidance was issued on 15 May 2025, instructing processing for separation under the separation program designator codes JFF (Secretarial Authority – their continued service is not in the best interest of the relevant Military Service) for enlisted members and JDK (Military Personnel Security Program – their continued service is not clearly consistent with the interests of national security) for officers. As such, the additional guidance states that it is both not in the best interests of the Military Services and not clearly consistent with the interests of national security for transgender members to serve, but the implementation guidance splits these bases of separation among enlisted members and officers. Section 7.1. of DoD Manual 5200.02 outlines the requirements for clearance investigations and adjudications, and explains that a favorable national security eligibility determination requires a finding that it is clearly consistent with the national security interests of the United States. Considering the policy implementation and guidance language, an officer could face an adjudication of his/her/their security clearance that leads to an unfavorable determination as both the policy and separation code specifically invoke a finding that gender dysphoria is not clearly consistent with the interests of national security. Although the separation code designated for enlisted servicemembers does not specifically reference national security, the policy itself invokes national security concerns so it follows that an enlisted members could similarly face a clearance adjudication. Once separated on the basis of gender dysphoria, servicemembers may face an uphill battle maintaining their clearances if their current jobs or job offers received require clearance eligibility.
Justyn Ann Baxley is a Partner with JAG Defense. Her practice primarily focuses on security clearance law and administrative law. As a security clearance lawyer, Ms. Baxley has represented hundreds of individuals in security clearance adjudications across virtually every federal agency, to include the Department of Defense, the Department of Homeland Security, the Department of Energy, the National Security Agency, NASA, and others.
