The Supreme Court on Tuesday allowed the Trump administration to implement a policy restricting transgender people from serving in the military. The decision lifts nationwide injunctions that had blocked the ban while legal challenges proceeded.
In a brief order, the court acted on an emergency request from the administration. The three liberal justices noted their dissent from the action.
The policy, announced earlier this year, is more comprehensive than a previous version. It generally disqualifies individuals with gender dysphoria or who have undergone medical interventions for it from military service.
Solicitor General D. John Sauer argued in court papers that judges owe substantial deference to the Defense Department's judgment on military matters. The administration based its policy on a Pentagon report from the prior Trump term, which stated that individuals with gender dysphoria posed a threat to effectiveness and lethality.
Lower courts had blocked the policy, finding it likely violated the Constitution. A federal judge in Washington state blocked the policy, calling the issue not a close question. The 9th U.S. Circuit Court of Appeals declined to pause that ruling, prompting the administration's appeal to the Supreme Court.
In a separate case, a judge in Washington, D.C., also issued a nationwide block, but the U.S. Court of Appeals for the District of Columbia Circuit placed that ruling on hold while it heard arguments on whether to block it more permanently.
Challengers, including seven individual transgender service members led by Navy commander Emily Shilling, argued the ban violates the Constitution's 14th Amendment requiring laws apply equally. They contended that transgender individuals have proven their ability to serve.
The court's order allows the policy to take effect while litigation continues in lower courts, potentially returning to the Supreme Court later. The decision is a setback for those seeking to serve without restriction.
