Supreme Court Allows Trump to Initiate Transgender Ban in Military as Court Cases Continue


The U.S. Supreme Court has weighed in on the ban of transgender soldiers initiated by the Trump administration and ruled that the ban may be enforced even while the courts consider cases to stop the ban.

The nation’s highest court voted 5-4 to allow the administration to continue its ban against transgender soldiers despite the lawsuits seeking to prevent the president from enforcing the policy.

Showing the importance of Trump’s ability to place conservatives on the bench, the high court split along ideological lines with the five more conservative justices voting in the administration’s favor while the four liberal justices voted to halt the ban while the court cases continue.

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Left-wing justices Ginsburg, Breyer, Sotomayor, and Kagan wrote the dissenting opinion.

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The SCOTUS acted because a lower court had ruled that the ban had to be suspended while the cases wound their way through the courts.

Per CBS News:

A U.S. District Court judge had issued an injunction in December 2017 blocking the ban, but the Supreme Court’s stay stops that ruling from taking effect for now. The case is still pending in the 9th Circuit Court of Appeals, and the Supreme Court will not weigh in on the constitutionality of the ban itself until after that ruling.

“As always, we treat all transgender persons with respect and dignity,” Lt. Col. Carla Gleason said in a statement. “DoD’s proposed policy is NOT a ban on service by transgender persons. It is critical that DoD be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world. DoD’s proposed policy is based on professional military judgment and will ensure that the U.S. Armed Forces remain the most lethal and combat effective fighting force in the world.”

During Barack Obama’s disastrous presidency, he ended the ban and forced the military to accept transgender soldiers. Trump reinstated that ban when he took office — but only temporarily.

Obama changed the rules and said that in July of 2017 transgender soldiers would be allowed to serve openly as their chosen gender.

But as soon as he took office, the Trump administration suspended that date saying that the policy needed further study

It was then that a group of transgender activists sued the federal government to cancel Trump’s moratorium and to re-instate Obama’s transgender soldier acceptance dates.

It is those lawsuits that are being adjudicated now.

Follow Warner Todd Huston on Twitter @warnerthuston.

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