The move is another setback for Defense Secretary Pete Hegseth, who has made culture war issues a major part of his role.
Defense Secretary Pete Hegseth has faced pressure from Democrats to follow the court order, suggesting he was undermining military recruitment needs. | Kevin Wolf/AP
The Pentagon will resume gender-affirming care for transgender service members, according to a memo obtained by POLITICO, an embarrassing setback to Defense Secretary Pete Hegseth’s efforts to restrict their participation.
The memo says the Defense Department is returning to the Biden-era medical policy for transgender service members due to a court order that struck down Hegseth’s restrictions as unconstitutional. The administration is appealing the move, but a federal appeals court in California denied the department’s effort to halt the policy while its challenge is pending.
As a result, the administration is barred from removing transgender service members or restricting their medical care, a priority of President Donald Trump and Hegseth. The administration insisted its restrictions were geared toward people experiencing medical challenges related to “gender dysphoria,” but two federal judges said in March that the policy was a thinly veiled ban on transgender people that violated the Constitution.
The Trump administration on Thursday asked the Supreme Court to allow the Pentagon to ban transgender servicemembers while legal battles continue to play out.
Both judges ordered the military to refrain from forcing out more than 1,000 transgender troops and to resume providing for their medical care, including surgical procedures and voice and hormone therapy. The memo is the latest move by the Pentagon to comply with those orders.
But it presents another headache for Hegseth, who has made culture war issues — such as changing recruitment standards and reinstating the ban — a key piece of his effort to make the military more lethal. Hegseth has emphasized this theme as he’s sought to defend himself amid multiple scandals, including texting sensitive details of military operations in Yemen to multiple Signal group chats and a vicious brawl between his top advisers.
“Service members and all other covered beneficiaries 19 years of age or older may receive appropriate care for their diagnosis of [gender dysphoria], including mental health care and counseling and newly initiated or ongoing cross-sex hormone therapy,” Dr. Stephen Ferrara, the Pentagon’s acting assistant secretary of Defense for health affairs, said in a memo dated April 21.
President Donald Trump signed a long-expected order banning transgender people from serving in the military at the outset of the administration, just as he had done in 2017. But LGBTQ advocacy groups quickly pounced, calling the order discriminatory.
So far, the courts have rejected the Pentagon’s arguments that including transgender troops reduces the military’s ability to fight. U.S. District Judge Benjamin Settle ruled in March that there is no evidence that transgender troops harm military readiness, and ordered the Pentagon to return to the status quo.
A three-judge panel of the D.C. Circuit Court of Appeals on Tuesday became the first appellate court to hear arguments on Trump’s transgender military policy but gave little indication of how it might rule.
Defense officials acknowledged in a March memo sent to Pentagon leadership that the agency would comply with the court order, but did not detail the steps the department would take to follow it. Hegseth has openly attacked one of the judges, U.S. District Judge Ana Reyes, for her order, labeling her “Commander Reyes” in a pejorative post on X.
Hegseth has faced pressure from Democrats to follow the court order, suggesting he was undermining military recruitment needs.
“Given the unwillingness or inability of 99.6 percent of the U.S. population to serve in our military, the last thing our nation should be doing is rejecting patriotic Americans who are ready and willing to serve our country,” a group of 14 Senate Democrats, led by Sen. Tammy Duckworth (D-Ill.), an Iraq veteran, wrote Tuesday to Hegseth. “The Trump administration’s repeated attacks on the transgender community reveal an ideological obsession rooted in a poor understanding of science.”
The Pentagon referred questions to the Justice Department, which did not immediately respond to a request for comment.
A February memo signed by then-acting undersecretary for personnel and readiness Darin Selnick — who was fired by Hegseth last week — said service members or potential recruits interested in the military who have “a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria” are “incompatible” with U.S. military service.
Some officials saw the move as a capitulation by the administration, which was settling for a loss in court while continuing to wage a public relations war to keep transgender service members out of the military.
“They’ve scared all of the trans people off,” said one person close to the Pentagon familiar with the conversations, granted anonymity to discuss a sensitive issue. “What’s to be gained by continuing to fight with the courts? It seems pretty easy to stop getting crazy with it. You won. You got what you wanted.”
Roger suggested I look up this person and see what they had to say. I have read snippets of what he wrote and I like his message. He seems sincere and genuine. Hugs
If you look past the Matt Walsh crap Hasan gets to talking about people who are passing as the gender they identify as. And that is one reason why the red states are pushing so hard to trans block kids from using puberty blockers while allowing them for cis kids, they work and are safe but the trans kids won’t go through the wrong puberty giving them the wrong features we normally associate with genders. These people are terrified they won’t recognize who is trans because they pass so well. It shouldn’t be the issue I know as many wonderful trans people who had to go through the wrong puberty are still the gender they know and identify as. Sadly two things are at work. The two groups working together to stop trans positive or any positive LGBTQ+ inclusion / equality are the fundamentalist religious groups who think the entire world should run according to their faith … yet they have different faiths so … and the republican politicians who use it as a way to win votes and keep their base outraged. Both groups have their own agenda and they both ignore science and facts to create the narrative / outrage they desire rather than create a peaceful loving inclusive society. Oh I guess I forgot the white supremacist Nazi’s but they really fall under the Fundamentalist Christian banner right? Hugs.
I want to thank brucedesertrat who sent me the link to this substack article. I enjoy learning about history but sadly this hits home too deeply. It is so close it is scary. Hugs.
Today President Trump is threatening to pull funds if Harvard does not comply with his demands for the school to shape it’s curricula to favor Trumpism. Harvard has refused to caved to Trump’s fascist demands which clearly violate free speech.
“The University will not surrender its independence or its constitutional rights,” Harvard President Alan M. Garber
The seizure of power by the MAGA Republicans in 2025, led by Donald Trump, brought far-reaching changes to American Universities. Some caved, some obeyed in advance.
The seizure of power by the Nazis in 1933, led by Adolph Hitler, brought far-reaching changes to German Universities. All caved. All obeyed in advance.
There is a parallel in German history for this American moment when books are banned, educational institutions are battered and a brutal and barbaric anti-intellectual ethos is on the rise.
A timeline of the Nazification of Munich University
1933
Hitler demands The University of Munich restructure its curriculum in accordance with the new ruling ideology of Nazism.
Trump demands Harvard University restructure its curriculum in accordance with the new ruling ideology of Trumpism. Abandon DEI. Police your students and faculty for viewpoint “diversity”.
Those faculty members who are not Nazi sympathizers are dismissed.
Trump’s letter calls for political undesirables to be gone.
The numbers of Jews admitted to university are restricted.
Munich University is the site of book burnings led by pro-Nazi students.
With the passage of these laws, the Nazis attempted to root out any opposition to their ideology that remain in German higher education.
Trump wants all of America’s Universities to root out anti-Trumpist thought, to be citadels of Trumpism, to employ MAGA professors who will teach American students how Trumpism will make America and her institutions of higher learning great again.
1941
Munich University appoints of Walther Wüst, an Aryan ideologue, Führer-Rektor of the University. By this time the Nazification of Munich University is complete. The once prestigious Munich University employs an all Nazi faculty.
1943
Sophie Scholl, a student attending Munich University, is guillotined for distributing anti-Nazi broadsides on campus.
Under President Trump students are deported or “disappeared”. I can safely assume an American student will be martyred for resisting fascism here in our nation in t he months ahead.
Hitler visiting the University of Munich
Here is a harrowing account of the Nazification of Frankfurt University witnessed by young Austrian economist named Peter Drucker:
Frankfurt was the first university the Nazis tackled, precisely because it was the most self-confidently liberal of major German universities, with a faculty that prided itself on its allegiance to scholarship, freedom of conscience, and democracy. The Nazis knew that control of Frankfurt University would mean control of German academia. And so did everyone at the university.
Above all, Frankfurt had a science faculty distinguished both by its scholarship and by its liberal convictions; and outstanding among the Frankfurt scientists was a biochemist-physiologist of Nobel-Prize caliber and impeccable liberal credentials. When the appointment of a Nazi commissar was announced . . . and every teacher and graduate assistant at the university was summoned to a faculty meeting to hear this new master, everybody knew that a trial of strength was at hand. I had never before attended a faculty meeting, but I did attend this one.
The new Nazi commissar wasted no time on the amenities. He immediately announced that Jews would be forbidden to enter university premises and would be dismissed without salary on March 15; this was something that no one had thought possible despite the Nazis’ loud antisemitism. Then he launched into a tirade of abuse, filth, and four-letter words such as had been heard rarely even in the barracks and never before in academia. . . . [He] pointed his finger at one department chairman after another and said, “You either do what I tell you or we’ll put you into a concentration camp.” There was silence when he finished; everybody waited for the distinguished biochemist-physiologist. The great liberal got up, cleared his throat, and said, “Very interesting, Mr. Commissar, and in some respects very illuminating: but one point I didn’t get too clearly. Will there be more money for research in physiology?”
The meeting broke up shortly thereafter with the commissar assuring the scholars that indeed there would be plenty of money for “racially pure science.” A few of the professors had the courage to walk out with their Jewish colleagues, but most kept a safe distance from these who only a few hours earlier had been their close friends. I went out sick unto death—and I knew that I was going to leave Germany within forty-eight hours.
The Nazis attacked academic dissent with lethal cruelty
Some went to nearby Dachau. Some, such as our heroic young student Sophie, were beheaded.
Sophie Scholl, photographed by the Gestapo
Here is the text of the pamphlet that cost Munich University student Sophie Scholl her life. Her haunting critique of Hitler resonates eerily with the familiar critiques of our current leader:
Fellow Students!
Shaken, our people faces the downfall of our men of Stalingrad. Three hundred thirty thousand German men have been senselessly and irresponsibly rushed into death and ruin by the brilliant strategy of the man who served as a private in the Great War. Führer, we thank you!
It is festering in the German people: Do we want to continue entrusting the fate of our armies to a dilettante? Do we want to sacrifice the rest of our young Germans to the base, power-seeking instincts of a Party clique? Nevermore.
The day of reckoning has come, our German youth’s reckoning with the most abhorrent tyranny that our people has ever endured. In the name of all young Germans, we demand that Adolf Hitler’s State return to us our personal freedom, the German’s most valuable possession, which he has cheated us out of in the most disgraceful way.
We have grown up in a State where every free expression of opinion has been ruthlessly gagged. The HJ, SA, and SS have tried to make us uniform, to revolutionize us, to narcotize us in the most fruitful educational years of our lives. “Ideological training” was the name given to the despicable method of stifling our budding independent thought and self-esteem in a haze of empty phrases. A “Führerauslese”1 of a kind as fiendish and at the same time as narrow-minded as one can possibly imagine, grooming its future Party bosses at Ordensburgen [special educational centers for Party cadres] to become godless, shameless, and unscrupulous exploiters and cutthroats, to become blind, mindless followers of the Führer. We “brain-workers” were exactly right for becoming the cudgel of this new ruling class. Front-line soldiers are disciplined like schoolboys by student leaders and would-be Gauleiter; Gauleiter, with prurient jests, assault the honor of female students. German female students at the university in Munich have given a dignified reply to the insult to their honor, and German male students have intervened and stood their ground on behalf of their female classmates. That is a first step toward gaining our right to free self-determination, without which intellectual values cannot be created. We are grateful to our brave fellow students, female and male, who have led the way by setting this shining example!
For us, there is only one watchword: Fight against the Party! Get out of the Party formations, in which the goal is to keep us politically muzzled! Get out of the lecture rooms of the SS Unter- or Oberführer and the Party bootlickers! True scholarly activities and genuine intellectual freedom are at stake! No threat of any kind can frighten us, not even the closing of our universities. Each of us must fight for our future, our freedom and honor in a body politic that is aware of its moral responsibility.
Freedom and honor! For ten long years, Hitler and his comrades have squeezed these two magnificent German words and made them loathsome, have banged on them and twisted them as only dilettantes can, dilettantes who cast the highest values of a nation before swine. They have sufficiently demonstrated what freedom and honor mean to them during ten years of the destruction of all physical and intellectual freedom, of all moral substance in the German people. Even the dumbest German’s eyes have been opened by the dreadful blood bath which they have brought about everywhere in Europe and continue to bring about each day. The German name will remain forever disgraced unless German youth stand up at last, engage simultaneously in revenge and expiation, smash their tormentors, and bring about a new intellectual and spiritual Europe.
Students! The German people is watching us! It expects us, as in 1813 with the breaking of Napoleon’s domination, now also in 1943 to break the domination of National Socialist terror through the power of the mind.
Berezina and Stalingrad blaze in the East; the dead of Stalingrad implore us!
“Fresh on, my people, the flame signals are smoking!”2
Our people is rising up against the enslavement of Europe by National Socialism, in a new, trustful breakthrough of freedom and honor!
As you read her courageous words consider how and why a regime would loathe and fear such a voice for liberty.
Now is the time to stand with all who see Trump for the terrifying tyrant he is.
Now is the time to stand with all educators and students who courageously stand against this tyranny.
Now is the time to join Thomas Jefferson in swearing “upon the altar of god eternal hostility against every form of tyranny over the mind of man.”
Now is the time to stand with Harvard University.
Now is the time to stand with all educators and educational institutions threatened by MAGA fascism.
David Fitzsimmons: Arizona’s Progressive Voice is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber.
A 20 year old man who is a US citizen with a Hispanic sounding name has twice been arrested and ordered held by ICE. The first time he was released as he sowed the judge his birth certificate and his social security card. The second time he was ordered held for 48 hours for pickup by ICE for an immigration hearing even after the judge seen and vouched for his birth certificate. The prosecutor claimed the court had no jurisdiction now that ICE had a detaining order on him. I don’t think that is legally correct as blue states have said they won’t honor those orders. But the point is it has happened twice now, and if the US doesn’t grant due process people like him could be detained and removed to El Salvador where the tRump people claim they can’t get people back from. We can get our people from Russia, North Korea, and China but we can’t from tiny El Salvador. Hugs