Supreme Court Allows Transgender Troops Ban to Stand, But Litigation Continues

In a divided 5-4 decision, the Supreme Court on Tuesday allowed President Donald Trump's executive order to bar transgender individuals from serving in the US military to remain in place while litigation over the policy continues. The ruling marks a significant setback for LGBTQ+ advocates and transgender service members who had sought to challenge the ban.

Background

In 2017, President Trump announced his intention to exclude transgender individuals from serving in the military, citing concerns about the impact on women's troops and national security. The move was met with widespread criticism from LGBTQ+ groups and lawmakers, who argued that it would be discriminatory and undermine the principles of equality and inclusion enshrined in US law.

The Ban

In July 2017, Trump signed an executive order that effectively banned transgender individuals from serving in the military unless they were transitioning out of their assigned sex. The ban applied to both active-duty personnel and those attempting to enlist.

Challenges and Litigation

The American Civil Liberties Union (ACLU) and other LGBTQ+ organizations quickly filed a lawsuit challenging the ban, arguing that it was unconstitutional and violated the principles of equal protection under the law. The case, known as Glen Dreyer v. Trump, made its way through the lower courts before reaching the Supreme Court.

Supreme Court Ruling

On Tuesday, the Supreme Court issued a 5-4 decision in Dreyer v. Trump, allowing the Trump administration's policy to remain in place while litigation continues. The majority opinion, written by Justice Clarence Thomas, rejected the argument that the ban was discriminatory and found that the president had the authority to make such decisions.

Dissenting Opinions

Justice Ruth Bader Ginsburg, joined by Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan, dissented from the majority opinion. They argued that the ban was not only discriminatory but also unlawful and that the president had overstepped his authority as commander-in-chief.

Reactions to the Ruling

The decision has been met with outrage from LGBTQ+ advocates and many lawmakers, who argue that it is a setback for equality and inclusion in the military. "This ruling sends a disturbing message that the US government will tolerate discrimination against transgender Americans," said Sarah McBride, executive director of the National LGBTQ Task Force.

Consequences for Transgender Service Members

The ban has already led to the discharge of hundreds of transgender service members who were unable or unwilling to comply with the policy. The decision to allow the ban to remain in place while litigation continues means that these individuals may face further challenges and uncertainty about their status in the military.

Path Forward

While the Supreme Court's decision allows the Trump administration's policy to remain in place, it also sets the stage for future litigation and potential appeals. LGBTQ+ advocates have pledged to continue fighting against the ban, arguing that it is discriminatory and undermines the principles of equality and inclusion enshrined in US law.

Conclusion

The Supreme Court's decision on Tuesday marks a significant setback for LGBTQ+ advocates and transgender service members who had sought to challenge the Trump administration's policy banning trans individuals from serving in the military. While litigation continues, the ban remains in place, leaving hundreds of transgender service members uncertain about their status in the military.

Key Players

• President Donald Trump: The president announced his intention to exclude transgender individuals from serving in the military in 2017.
• American Civil Liberties Union (ACLU): The ACLU filed a lawsuit challenging the ban, arguing that it was unconstitutional and violated the principles of equal protection under the law.
• Glen Dreyer: A trans man who served in the US Air Force and was discharged after refusing to undergo surgery.
• Justice Clarence Thomas: Wrote the majority opinion in Dreyer v. Trump, allowing the Trump administration's policy to remain in place while litigation continues.
• Justice Ruth Bader Ginsburg: Wrote a dissenting opinion arguing that the ban was discriminatory and unlawful.

Related Articles

• Trump's Trans Military Ban: A Timeline of Events
• The Impact of Trump's Trans Military Ban on LGBTQ+ Youth
• Transgender Service Members and the Military: A Growing Concern

Key Quotes

• "This ruling sends a disturbing message that the US government will tolerate discrimination against transgender Americans." - Sarah McBride, executive director of the National LGBTQ Task Force
• "We are deeply disappointed in today's decision and will continue to fight for the rights of all service members, including those who identify as transgender or gender nonconforming." - Jamie Capehorn, senior staff attorney at the American Civil Liberties Union (ACLU)
• "The Supreme Court has upheld the Trump administration's ban on trans individuals serving in the military, which is a devastating blow to the LGBTQ+ community." - Chad Griffin, president and CEO of GLAAD