Case Document 216-1 Filed 03/23/18 Page 1 of 4

Exhibit 1

Mattis Memorandum

Case 2:17-cv-01297-MJP Document 216-1 Filed 03/23/18 Page 2 of 4
U CLASSIFIED//FOR OFFICIAL USE ONLY
SECRETARY O F DEFENSE
1 000 DEFENSE PENTAGON
WASHINGTON. DC 2030 1-1000

FEB 2 2 2018
MEMORA OUM FOR THE PRESIDENT
SUBJECT: Military Service by Transgender Individuals
--Transgendcr'· is a term describing those persons whose gender identity differs from their
biological sex. A subset of transgender persons diagnosed with gender dysphoria experience
discomfort with their biological sex, resulting in significant distress or difficulty functioning.
Persons diagnosed with gender dysphoria often seek to transition their gender through prescribed
medical treatments intended to relieve the distress and impaired fu nctioning associated with their
diagnosis.
Prior lo your election, the previous administration adopted a policy that allowed fo r the
accession and retention in the Aimed Forces of transgender persons who had a history or
diagnosis of gender dysphoria. The policy also created a procedure by which such Service
members could change their gender. This policy was a departure from decades-long m ilitary
personnel pol icy. On June 30, 201 7. before the new accession standards were set to take effect. l
approved the recommendation of the Services to delay for an additional six months the
implementation of these standards to evaluate more carefully their impact on readiness and
lethality. To that end, J established a study group that included the representatives of the Service
Secretaries and senior military officers, many with combat experience. to conduct the review.
While this review was ongoing. on August 25, 2017, you sent me and the Secretary of
Homeland Security a memorandum expressing your concern that the previous administration's
new policy '"fa iled to identify a s uffic ient basis'' for changing longstanding policy and that
··further study is needed to ensure that continued implementation of last year· s policy change
would not have ... negative effects." You then directed the Department of Defense and the
Department of Homeland Security to reinstate the preexisting policy concerning accession of
transgender individuals "until such time as a sufficient basis exists upon which to conclude that
terminating that policy.. would not ..hinder military effectiveness and lethality, d isrupt unit
cohesion, or tax mi litary resources." You made clear that we could advise you "at any time, in
writing, that a change to this policy is warranted."
I created a Panel of Experts comprised of senior uniformed and civilian Defense
Department and U.S. Coast Guard leaders and directed them to consider this issue and develop
policy proposals based on data, as wel l as their professional military judgment, that would
enhance the readiness. lethality, and effectiveness of our military. This Panel included combat
veterans to ensure that our military purpose remained the foremost consideration. I charged the
Panel to provide its best military advice. based on increasing the lethal ity and readiness of
America's armed forces, without regard to any external factors.
The Panel met with and received input from transgender Service members, commanders
of transgender Service members. military medical professionals. and civilian medical

 Case 2:17-cv-01297-MJP
Document OFFICIAL
216-1 Filed
03/23/18
UNCLASSIFIED/IFOR
USE
ONLY Page 3 of 4

professionals with experience in the care and treatment of individuals with gender dysphoria.
The Panel also reviewed available information on gender dysphoria, the treatment of gender
dysphoria, and the effects of currently serving individuals with gender dysphoria on military
effectiveness, unit cohesion, and resources. Unlike previous reviews on military service by
transgender individuals, the Panel's analysis was informed by the Department's own data
obtained since the new policy began to take effect last year.
Based on the work of the Panel and the Department's best military judgment, the
Department of Defense concludes that there are substantial risks associated with allowing the
accession and retention of individuals with a history or diagnosis of gender dysphoria and
require, or have already undertaken, a course of treatment to change their gender. Furthermore,
the Department also finds that exempting such persons from well-established mental health,
physical health, and sex-based standards, which apply to all Service members, including
transgender Service members without gender dysphoria, could undermine readiness, disrupt unit
cohesion, and impose an unreasonable burden on the military that is not conducive to military
effectiveness and lethality.
The prior administration largely based its policy on a study prepared by the RAND
National Defense Research Institute; however, that study contained significant shortcomings. It
refe1Ted to limited and heavily caveated data to support its conclusions, glossed over the impacts
of healthcare costs, readiness, and unit cohesion, and erroneously relied on the selective
experiences of foreign militaries with different operational requirements than our own. In short,
this policy issue has proven more complex than the prior administration or RAND assumed.
I finnly believe that compelling behavioral health reasons require the Department to
proceed with caution before compounding the significant challenges inherent in treating gender
dysphoria with the unique, highly stressful circumstances of military training and combat
operations. Preservation of unit cohesion, absolutely essential to military effectiveness and
lethality, also reaffirms this conclusion.
Therefore, in light of the Panel's professional military judgment and my own professional
judgment, the Department should adopt the following policies:
•

Transgender persons with a history or diagnosis of gender dysphoria are disqualified
from military service, except under the following limited circumstances: ( 1) if they
have been stable for 36 consecutive months in their biological sex prior to accession;
(2) Service members diagnosed with gender dysphoria after entering into service may
be retained if they do not require a change of gender and remain deployable within
applicable retention standards; and (3) cunently serving Service members who have
been diagnosed with gender dysphoria since the previous administration's policy took
effect and prior to the effective date of this new policy, may continue to serve in their
preferred gender and receive medically necessary treatment for gender dysphoria.

•

Transgender persons who require or have undergone gender transition are disqualified
from military service.

2

UNCLASSIFIED//FOR OFFICIAL USE ONLY

 Case 2:17-cv-01297-MJP
Document OFFICIAL
216-1 FiledUSE
03/23/18
UNCLASSIFIED//FOR
ONLY Page 4 of 4

•

Transgender persons without a history or diagnosis of gender dysphoria, who are
otherwise qualified for service, may serve, like all other Service members, in their
biological sex.

I have consulted with the Secretary of Homeland Security, and she agrees with these
proposed policies.
By its very nature, military service requires sacrifice. The men and women who serve
voluntarily accept limitations on their personal liberties - freedom of speech, political activity,
freedom of movement - in order to provide the military lethality and readiness necessary to
ensure American citizens enjoy their personal freedoms to the fullest extent. Further, personal
characteristics, including age, mental acuity, and physical fitness - among others- matter to
field a lethal and ready force.

In my professional judgment, these policies will place the Department of Defense in the
strongest position to protect the American people, to fight and win America's wars, and to ensure
the survival and success of our Service members around the world. The attached report provided
by the Under Secretary of Defense for Personnel and Readiness includes a detailed analysis of
the factors and considerations fonning the basis of the Department's policy proposals.
I therefore respectfully recommend you revoke your memorandum of August 25, 2017,
regarding Military Service by Transgender Individuals, thus allowing me and the Secretary of
Homeland Security with respect to the U.S. Coast Guard, to implement appropriate policies
concerning military service by transgender persons.

Attachment:
As stated
cc:
Secretary of Homeland Security

3

UNCLASSIFIED//FOR OFFICIAL USE ONLY