Supreme Court Upholds Trump’s Trans Military Ban

The United States Supreme Court upholds Trump’s trans military ban by blocking the preliminary injunction protections for transgender people serving in the military. The Supreme Court grants the Trump administration motion for an emergency stay in United States v. Shilling on April 24. The decision allows the ban to be implemented while the case is being heard in the courts.

“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender service members who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” says Jennifer Levi, GLAD Law Senior Director of Transgender and Queer Rights. 

“Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”

Department of Defense implementation of the ban to identify and separate transgender service members had been slated to begin on March 28, a rapid timeframe former military leaders characterized as “rushed” and “alarming,” noting that the complexity of the military personnel system requires “months of careful planning and timelines.”

The preliminary injunctions in place protected transgender service members and recruits from significant harm — including service members being removed from deployments, denied commissions and promotions, placed on administrative leave, denied medically needed care, and ultimately being placed in involuntary separation proceedings, a process used to address instances of misconduct — by preventing the Department of Defense from initiating separation proceedings or otherwise enforcing the ban.

“The Court has upended the lives of thousands of service members without even the decency of explaining why,” says Shannon Minter, National Center for Lesbian Rights (NCLR) Legal Director. 

“As a result of this decision, reached without benefit of full briefing or argument, brave troops who have dedicated their lives to the service of our country will be targeted and forced into harsh administrative separation process usually reserved for misconduct. They have proven themselves time and time again and met the same standards as every other soldier, deploying in critical positions around the globe. This is a deeply sad day for our country.”

Jennifer and Shannon, both transgender, are the lead attorneys in the first legal challenge filed against Trump’s transgender military ban executive order on behalf of 32 plaintiffs and represent GLAD Law and the NCLR.

Photos courtesy social media