Federal

Supreme Court Allows Trump’s Ban on Transgender Military Personnel to Take Effect

The U.S. Supreme Court ruled Tuesday that the Trump administration can enforce its ban on transgender individuals serving in the military while ongoing legal battles proceed, overturning lower court orders that had blocked the policy. The decision, delivered in a brief unsigned order, allows the Department of Defense to begin both discharging active-duty transgender service members and preventing new transgender recruits from enlisting.

The policy, reinstated by President Trump after reversing President Biden’s earlier order that allowed open service, is broader than previous bans. It not only bars enlistment but also mandates the removal of current transgender personnel, specifically targeting those diagnosed with gender dysphoria or who have undergone medical transition. The Pentagon estimates that about 0.2% of military personnel are affected, though advocacy groups say the number of transgender service members could be much higher.

Seven current transgender service members, including Commander Emily Shilling, a decorated naval aviator with nearly two decades of service, challenged the policy, arguing it amounts to a “de facto blanket ban” and violates the Constitution’s guarantee of equal protection. U.S. District Judge Benjamin Settle agreed, blocking the ban before the Supreme Court’s intervention.

The court’s three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, dissented, arguing against the administration’s request. Advocacy groups representing transgender service members called the ruling “a devastating blow,” asserting that the ban is rooted in prejudice rather than military readiness.

While the Supreme Court did not address the underlying constitutional issues, such as equal protection under the law, the decision means the ban will remain in effect as litigation continues in lower courts and potentially returns to the Supreme Court for a final ruling.

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