SCOTUS Allows Trump Admin To Enforce Its Transgender Troops Ban

LGBTQ+ activists and their supporters rally in support of transgender people on the steps of New York City Hall, October 24, 2018 in New York City. (Photo by Drew Angerer/Getty Images)
Start your day with TPM.
Sign up for the Morning Memo newsletter

WASHINGTON (AP) — The Supreme Court on Tuesday allowed the Trump administration to go ahead with its plan to restrict military service by transgender people while court challenges continue.

The high court split 5-4 in allowing the plan to take effect, with the court’s five conservatives greenlighting it and its four liberal members saying they would not have.

The Trump administration had urged the justices to take up cases about the plan directly, but the court declined for now. Those cases will continue to move through lower courts.

Until a few years ago service members could be discharged from the military for being transgender. That changed under President Barack Obama. The military announced in 2016 that transgender individuals already serving in the military would be allowed to serve openly. And the military set July 1, 2017 as the date when transgender individuals would be allowed to enlist.

But after President Donald Trump took office, the administration delayed the enlistment date, saying the issue needed further study. While that study was ongoing, the president tweeted in late July 2017 that the government would not allow “Transgender individuals to serve in any capacity in the U.S. Military.” He later directed the military to return to its policy before the Obama administration changes.

Groups representing transgender individuals sued, and the Trump administration lost early rounds in those cases, with courts issuing nationwide injunctions barring the administration from altering course. The Supreme Court on Tuesday lifted those preliminary injunctions.

In March 2018, the Trump administration announced that after studying the issue it was revising its policy. The new policy generally bars transgender individuals from serving unless they serve “in their biological sex” and do not seek to undergo a gender transition.

The policy has an exception for transgender troops who relied on the Obama-era rules to begin the process of changing their gender, allowing them to continue to serve. The military said last year that over 900 men and women have done so.

Latest News
81
Show Comments

Notable Replies

  1. SCOTUS majority = scumbags.

  2. The Pentagon didn’t seem to want this before, but the Christian right sure did.

  3. A curse upon Spankee and his vile team of bigotted, narrow-minded and un-christian vipers.

    A pox upon Yertle who gleefully made sure this happened.

    I only hope Karma will see to it that one or the other or both of our newly appointed “justices” (who have no justice in their hearts) will be, in one form or the other, prevented from “serving” very long on this court.

  4. SCOTUS to President Miller: You can be bigots, for the time being anyway.

Continue the discussion at forums.talkingpointsmemo.com

75 more replies

Participants

Avatar for system1 Avatar for paulw Avatar for butlerknights Avatar for brooklyndweller Avatar for mondfledermaus Avatar for old_curmudgeon Avatar for mattinpa Avatar for clemmers Avatar for bojimbo26 Avatar for steviedee111 Avatar for sniffit Avatar for chelsea530 Avatar for tacoma Avatar for murgatroid Avatar for sonsofares Avatar for daulphin Avatar for georgeh Avatar for morrigan_2575 Avatar for lizzymom Avatar for castor_troy Avatar for coimmigrant Avatar for 10c Avatar for largefather Avatar for misskit

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: