Even Though Supreme Court Upheld Transgender Ban, Pentagon Refuses to Change Direction Citing Technicality

The Pentagon will not immediately implement President Donald Trump’s ban on transgender men and women serving in the military, the Defense Department said Wednesday, one day after the Supreme Court removed some legal roadblocks that have stalled the controversial policy.

The Supreme Court’s 5-4 decision on Tuesday removed preliminary injunctions that for more than a year halted the Pentagon from implementing the so-called “Mattis Plan,” a policy penned by former Defense Secretary Jim Mattis at Trump’s direction that would ban most transgender men and women from enlisting in the military. However, one such preliminary injunction issued by a federal judge overseeing a discrimination lawsuit in Maryland remained in place as of Wednesday, said Air Force Lt. Col. Carla Gleason, a Pentagon spokeswoman.

The Department of Justice “is seeking relief from this remaining injunction in light of the Supreme Court’s action, but at present it remains in place,” Gleason said. She stressed as of Wednesday that the Pentagon continued to operate under the Defense Department’s 2016 policy, which opened military service to transgender men and women and allowed them to enlist starting Jan. 1, 2018. . .

A White House effort to ban transgender people from military service has been mired in confusion and litigation since Trump’s surprise announcement in July 2017 via Twitter that he would no longer allow transgender people to serve. The directive – made formal in a White House order about one month later – came without any apparent consultation among top Pentagon officials and was decried by Democratic lawmakers and advocates for transgender individuals as a political move.

Mattis’ plan was issued in March 2018 and claimed open service by transgender men and women could undermine the military’s combat readiness. It sought to exclude transgender individuals who had undergone a sex transition or were seeking to transition from their biological gender from joining the military. However, it granted exceptions for active-duty servicemembers who had already identified themselves as transgender. Officials said there were about 900 such servicemembers in the military now. (Read more from “Even Though Supreme Court Upheld Transgender Ban, Pentagon Refuses to Change Direction Citing Technicality” HERE)

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