High court lets military implement transgender restrictions

U.S. Court Watch

The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday.
 
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 order from the court was brief and procedural, with no elaboration from the justices.
 
As a result of the court's decision, the Pentagon can implement a policy so that people who have changed their gender will no longer be allowed to enlist in the military. The policy also says transgender people who are in the military must serve as a member of their biological gender unless they began a gender transition under less restrictive Obama administration rules.
 
The Trump administration has sought for more than a year to change the Obama-era rules and had urged the justices to take up cases about its transgender troop policy immediately, but the court declined for now.
 
Those cases will continue to move through lower courts and could eventually reach the Supreme Court again. The fact that five justices were willing to allow the policy to take effect for now, however, makes it more likely the Trump administration's policy will ultimately be upheld.
 
Justice Department spokeswoman Kerri Kupec said the department was pleased with the court's decision.
 
"The Department of Defense has the authority to create and implement personnel policies it has determined are necessary to best defend our nation," she said, adding that lower court rulings had forced the military to "maintain a prior policy that poses a risk to military effectiveness and lethality."
 
Groups that sued over the Trump administration's policy said they ultimately hoped to win their lawsuits against the policy. Jennifer Levi, an attorney for GLBTQ Legal Advocates & Defenders, said in a statement that the "Trump administration's cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review."
 
Until a few years ago service members could be discharged from the military for being transgender. That changed under the Obama administration. The military announced in 2016 that transgender people 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.

Related listings

  • North Carolina Supreme Court throws 200th anniversary party

    North Carolina Supreme Court throws 200th anniversary party

    U.S. Court Watch 01/07/2019

    North Carolina's highest court is holding a "legal party" to observe the anniversary of its first meeting 200 years ago this month.The state Supreme Court scheduled a special session Monday in its downtown Raleigh courtroom to celebrate the court's b...

  • Cancer the latest health woe for resilient Justice Ginsburg

    Cancer the latest health woe for resilient Justice Ginsburg

    U.S. Court Watch 12/23/2018

    Justice Ruth Bader Ginsburg is resting in a New York hospital following surgery to remove two malignant growths in her left lung, the third time the Supreme Court’s oldest justice has been treated for cancer and her second stay in a hospital in...

  • Trump picks combat over caution in court fight

    Trump picks combat over caution in court fight

    U.S. Court Watch 09/23/2018

    White House aides and congressional allies worked all week to keep President Donald Trump from unloading on the woman who has accused Supreme Court nominee Brett Kavanaugh of sexual misconduct.But as Kavanaugh's nomination hung in the balance, Trump ...