News Page

Main Content

Supreme Court Lets Trump Enforce Transgender Troop Ban as Cases Proceed

The New York Times's profile
The New York Times
2h ago
Supreme Court Lets Trump Enforce Transgender Troop Ban as Cases Proceed

Context:

The Supreme Court has allowed the Trump administration to enforce a ban on transgender individuals serving in the military, reversing a policy from the Biden administration that permitted open service. Lower courts had previously blocked the ban, citing a lack of evidence and violations of equal protection principles. The decision, issued without explanation, allows the ban to proceed while legal challenges continue. The ruling is part of broader efforts by the Trump administration to curtail transgender rights, including restrictions on athletes and bathroom use. Legal challenges to the ban have arisen, exemplified by cases such as that of Cmdr. Emily Shilling, who has a distinguished military career and is at risk of discharge due to the policy.

Dive Deeper:

  • The Supreme Court's decision permits the enforcement of a ban on transgender troops, despite lower courts having previously blocked it due to evidence and equal protection concerns. The ruling is brief and unsigned, typical for emergency applications, and will remain in place as legal challenges proceed.

  • The ban originated from an executive order by President Trump at the start of his second term, revoking a prior order by President Biden that allowed transgender service members to serve openly. A subsequent order emphasized the incompatibility of gender identity adoption with military values.

  • The Defense Department implemented the ban, affecting approximately 4,200 transgender service members, which constitutes about 0.2 percent of the military. The administration's broader efforts against transgender rights include attempts to restrict athletes, bathroom usage, and pronoun preferences.

  • Legal challenges against the ban are ongoing, with plaintiffs arguing constitutional violations, such as the case of Cmdr. Emily Shilling, who has served as a naval aviator for 19 years. Her case highlights the policy's potential harm to military cohesion and readiness, as noted by Judge Benjamin H. Settle.

  • Judge Settle issued a nationwide injunction against the ban, stating the government failed to prove its necessity for military discipline and cohesion. The Ninth Circuit Court refused to block Settle’s ruling during the appeal, leading the administration to seek emergency relief from the Supreme Court.

  • The Supreme Court's decision to pause the injunction has sparked dismay among advocates for transgender rights. Previous similar rulings on transgender military policy were lifted by the Supreme Court in 2019, and the new policy is criticized for its disparaging language toward transgender individuals.

  • The ruling occurs amid the Trump administration's continued legal efforts to limit transgender rights, including a pending Supreme Court decision on a Tennessee law banning transition care for transgender youths, reflecting the administration's shifted stance on gender transition policies.

Latest News

Related Stories