The Department of the Navy is offering transgender sailors and Marines the option to voluntarily separate from the service by March 28. Otherwise, they risk being booted from the service — cutting the benefits they’re eligible for in half, according to a Thursday memo released by the Department of the Navy.
The policy aligns with an executive order that President Donald Trump signed in January to bar transgender individuals from serving in the military, and Secretary of Defense Pete Hegseth’s subsequent orders in February instructing each of the service branches to start separating transgender troops within 30 days.
Acting Secretary of the Navy Terence Emmert said in the memo that the Department of the Navy recognizes male and female as the only two sexes, and that “an individual’s sex is immutable, unchanging during a person’s life.”
As a result, Emmert said that those who have a history or “exhibit symptoms consistent with” gender dysphoria may no longer serve in the military and may voluntarily elect to depart the service by March 28. After that date, the Navy will remove sailors and Marines involuntarily from their respective services.
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The Navy is offering transgender sailors and Marines the option to voluntarily separate from the service by March 28. (Gerard Bottino/SOPA Images/LightRocket via Getty Images)
“A history of cross-sex hormone therapy or sex reassignment or genital reconstruction surgery as treatment for gender dysphoria or in pursuit of a sex transition is disqualifying for applicants for military service, and incompatible with military service for military personnel,” the memo said.
Even so, the Navy said it will not go through medical records or health assessments to identify transgender service members, unless explicitly requested to do so.
Transgender service members who don’t take the Navy up on its offer to voluntarily separate are not eligible for as many benefits post-separation. Those who voluntarily depart from the service will receive double the separation pay as those who are involuntarily removed, according to the Navy’s memo.
For example, the Pentagon said on Feb. 28 that an E-5, a petty officer first class in the Navy, with 10 years of experience, would collect a total of $101,628 in voluntary separation pay, but only $50,814 if that service member were to opt for involuntary separation pay.
Those with less than six years of service, or more than 20 years of service, are not eligible for voluntary separation pay.
“The Chief of Naval Operations (CNO) and Commandant of the Marine Corps (CMC) will maximize the use of all available command authorities to ensure impacted personnel are afforded dignity and respect,” the Navy’s memo said.
Some exceptions to the rule may apply. The memo said that the Secretary of the Navy may issue waivers for those seeking to remain or join the service on a “case-by-case basis,” if there is proof that keeping or recruiting such individuals “directly supports warfighting capabilities.”
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Defense Secretary Pete Hegseth issued guidance in February instructing the service branches to create plans to separate transgender troops. (Yves Herman/Reuters)
The Navy referred Fox News Digital to its press release on the order when reached for comment, and did not provide an answer as to how many sailors this order would likely impact.
The Navy released its guidance the same day that a federal judge heard arguments for a lawsuit that LGBTQ legal rights advocacy group GLAD Law and the National Center for Lesbian Rights filed in February against the Trump administration, seeking a preliminary injunction pausing the ban while litigation is pending.
U.S. District Court Judge Ana Reyes is expected to issue a final decision on the preliminary injunction by March 25. GLAD Law did not immediately respond to a request for comment from Fox News Digital.
The Human Rights Campaign Foundation and Lambda Legal also filed a separate lawsuit in February challenging the Trump administration’s order on behalf of six trans service members and asked a federal judge to block the order amid the legal proceedings.
“A dishonorable action from a dishonorable administration,” the Human Rights Campaign Foundation and Lambda Legal said in a Feb. 27 statement. “This attack on those who have dedicated themselves to serving our country is not only morally reprehensible but fundamentally un-American. Forcing out thousands of transgender servicemembers, who have met every qualification to serve, does not enhance military excellence or make our country safer.”
The Human Rights Campaign did not immediately respond to a request for comment from Fox News Digital.
Navy leaders have previously defended LGBTQ service members. For example, former Chief of Naval Operations Adm. Mike Gilday defended a nonbinary Navy officer assigned to the aircraft carrier Gerald R. Ford featured in a video the Navy Judge Advocate General Corps shared on Instagram about participating in an LGBTQ spoken-word night during deployment.
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Former Chief of Naval Operations Adm. Mike Gilday defended a nonbinary Navy officer in 2023 before the Senate Armed Services Committee.
The video attracted scrutiny from Republican lawmakers, who called into question the Navy’s war-fighting priorities. For example, then-Sen. Marco Rubio shared the video on X in April 2023, and said: “While China prepares for war this is what they have our @USNavy focused on.”
But Gilday, who retired in August 2023, told Republican lawmakers on the Senate Armed Services Committee in April 2023 that he was proud of the officer and that people from all different backgrounds serve in the Navy.
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As a result, Gilday said it is incumbent upon Navy leaders to “build a cohesive warfighting team that is going to follow the law, and the law requires that we be able to conduct prompt, sustained operations at sea.”
“That level of trust that a commanding officer develops across that unit has to be grounded on dignity and respect,” Gilday said in April 2023. “And so, if that officer can lawfully join the United States Navy, is willing to serve and willing to take the same oath that you and I took to put their life on the line, then I’m proud to serve beside them.”