Supreme Court Restores Trump’s Ban, Blocked by a Lower Court, on Transgender Military Service

The Supreme Court has given a temporary green light to a Trump administration policy barring transgender people and individuals with gender dysphoria from serving in the military.The justices agreed to pause an order from a lower court that blocked the federal government from implementing the policy, which stems from an executive order signed by President Trump in January.As is usual with emergency petitions, the justices did not provide a rationale for their decision.The decision comes after a request from the Department of Justice seeking emergency relief after a federal appeals court upheld the lower court’s order.The three associate justices appointed by Democrats — Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson — all dissented, saying that they would have denied the administration’s request.The recent development will allow Mr. Trump to proceed with the ban and its stated purpose of protecting “the American people and our homeland as the world’s most lethal and effective fighting force.” The original order said gender dysphoria is a medical condition incompatible with active duty.“Consistent with the military mission and longstanding DoD policy, expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service,” the executive order said.“For the sake of our Nation and the patriotic Americans who volunteer to serve it, military service must be reserved for those mentally and physically fit for duty,” the order said.Following Mr. Trump’s signing of the order at the end of January, Secretary Hegseth paused promotions of people with a history of gender dysphoria and halted taxpayer-funded gender-affirming medical procedures. The following month, the Department of Defense issued a new policy disqualifying people with gender dysphoria from military service unless they had waivers.The ban led to a series of legal challenges filed in both Washington, D.C., and Washington state. Tuesday’s decision from the Supreme Court stems from a lawsuit filed out of Tacoma by seven transgender service members, along with one who wanted to enlist. The plaintiffs argued that the policy unconstitutionally discriminates against them.In March, a federal district court agreed to block the executive order and uphold a policy put in place by President Biden. The liberal-leaning 9th Circuit Court of Appeals later declined to grant emergency relief to the Trump administration.In its filing with the Supreme Court, the Department of Justice argued that the policy was based on a medical condition and not someone’s gender or sex. Solicitor General John Sauer argued that the injunction forces the branches of military to uphold a policy that is inconsistent with national security interests.“[I]f the separation of powers means anything, the government obviously suffers irreparable harm when an unelected judge usurps the role of the political branches in operating the nation’s armed forces,” he wrote in the filing with the high court.

Supreme Court Restores Trump’s Ban, Blocked by a Lower Court, on Transgender Military Service

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