The Supreme Court, breaking along ideological lines, on Tuesday allowed the Pentagon to move ahead with a plan to bar transgender people from serving in the military while lawsuits contesting the policy work their way through the courts.
The high court in a 5-4 decision removed injunctions imposed by lower courts that blocked the plan.
The five conservative justices — Chief Justice John Roberts and
Clarence Thomas, Samuel Alito and President Trump appointees Neil
Gorsuch and Brett Kavanaugh — moved to lift the injunctions.
The court’s liberal wing — Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan and Stephen Breyer — would have kept them in place.
The court decided not to take up the plan itself, as the Trump
administration had wanted, opting instead to allow lower courts to hear
the legal battle.
Lambda Legal, which focuses on gay and transgender issues, said it will redouble its efforts to fight the policy.
“For 30+ months, #transgender troops have been serving our country
openly with valor and distinction. Now the rug has been ripped out from
under them, once again,” the group said in a tweet.
Trump unveiled the change in policy in a tweet in July 2017 because
he said transgender service members pose a threat to national security,
declaring the US government “will not accept or allow transgender
individuals to serve in any capacity in the U.S. Military.”
It reversed President Barack Obama’s 2016 policy that allowed
transgender men and women already serving in the military to do so
openly.
A number of advocacy groups and lawyers for active-duty transgender
military personnel sued to stop the policy from taking effect and courts
imposed nationwide injunctions.
The administration’s policy — made official by former Defense
Secretary James Mattis — bars transgender people from being in the
military unless they serve “in their biological sex” and do not attempt
to seek surgery for a gender transition.
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