The Hegseth Policy likely does not violate equal protection. We doubt that the policy triggers any form of heightened scrutiny. In Skrmetti, the Supreme Court held that a law prohibiting the use of hormones to treat gender dysphoria in minors classifies on the basis of medical use and thus does not discriminate based on either sex or transgender status The same reasoning would seem to cover the Hegseth Policy, which classifies based on the medical condition of gender dysphoria.
A new policy rolled out by the Pentagon effectively removes a crucial part of due process for military service members facing involuntary separation under Trump's second ban on transgender military members. Those who wish to argue against their separation at a board hearing will now have the final decision made by a superior who is not required to participate in that hearing.
If military separation boards decide to allow transgender service members to remain in uniform, commanders can override that decision, according to an Oct. 8 memo to all the services from the Pentagon's undersecretary for personnel and readiness, Anthony Tata. That breaks with longstanding policy that boards act independently. It is the Pentagon's latest step to drive transgender troops out of the armed forces following an executive order from President Donald Trump.
