Selective Service Requirement
Individuals who were assigned male at birth but who now identify with a gender identity other than male may have questions about the requirement to register for the selective service upon the age of 18. Below is information from about the selective service system and transgender people:
"FOR INDIVIDUALS ASSIGNED MALE AT BIRTH
People who were assigned male at birth are required to register with the Selective Service within thirty days of their eighteenth birthday. This includes those who may have transitioned before or since then. The Selective Service uses Social Security and other databases to determine who they believe was assigned male at birth. As of now, it is unclear whether transgender people are eligible for military service, but you are required to register nonetheless, and this is necessary to gain access to certain government benefits. According to the Selective Service website, 'In the event of a resumption of the draft, individuals born male who have changed their gender to female can file a claim for an exemption from military service if they receive an order to report for examination or induction.' ()
Selective Service System
Selective Service bases the registration requirement on gender assigned at birth and not on gender identity or on gender reassignment. Individuals who are born male and changed their gender to female are still required to register. Individuals who are born female and changed their gender to male are not required to register.
The legal authority is based on the Military Selective Service Act (MSSA), which does not address gender identify or transgender persons. In addition, Presidential Proclamation 4771 refers to 鈥渕ales鈥 who were 鈥渂orn鈥 on or after January 1, 1960. Thus, Selective Service interprets the MSSA as applying to gender at birth because Congress did not contemplate transgender persons or a person鈥檚 gender identity when it required on 鈥渕ales鈥 to register when the Selective Training and Service Act of 1940 was passed and amended by the Selective Service Act of 1948 to create the Selective Service System. Until Congress amends the MSSA or passes a separate law addressing transsexuals and gender identity, Selective Service must follow the intent of Congress when it required only males to register 鈥 the registration requirement is based on gender at birth.
In the event of a resumption of the draft, individuals born male who have changed their gender to female can file a claim for an exemption from military service if they receive an order to report for examination or induction."