After encountering defeat in lower courts, the Trump administration is asking the U.S. Supreme Court to reinstate the administration’s ban on transgender people serving in the U.S. military. On Thursday, April 24, the administration requested the high court take up the matter.
What is the Trump administration’s legal position?
The Wall Street Journal reports that Solicitor General John Sauer made the request, asserting that the Pentagon “rationally determined that service by individuals with gender dysphoria would undermine military effectiveness and lethality.”
He also contended that a lower court judge had usurped the president’s authority to determine who may serve in the armed forces. After his inauguration, President Donald Trump signed an executive order telling the Pentagon to exclude transgender members.
“Adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle, even in one’s personal life,” Trump said in his executive order.
The administration wants gender dysphoria classified as a medical condition that would disqualify somebody who willingly volunteers for military service.
Who is fighting this policy?
Seven service members, a U.S. Marine recruit and the Gender Justice League sued over the policy. They argue the ban violates the Constitution’s equal protection principle because it discriminates on the basis of sex and transgender status, plus it violates their First Amendment rights to freedom of expression. They also argue that only 0.6% of adults who serve in the military identify as transgender.
The Trump administration believes that courts should stay out of military judgments regarding service in the U.S. armed forces.
Where does the issue currently stand?
In February, a U.S. District Court judge in Tacoma, Washington, ruled the government failed to show that the presence of transgender service members harms unit cohesion, order or discipline. There is no word yet on if or when the U.S. Supreme Court might act.
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