The court granted the Justice Department’s request to lift a federal judge’s nationwide order blocking the military from carrying out Trump’s prohibition on transgender servicemembers. The Republican president’s directive was one of a series of steps he has taken to curb transgender rights.
Seattle-based U.S. District Judge Benjamin Settle earlier found that Trump’s order likely violates the U.S. Constitution’s Fifth Amendment right to equal protection under the law. Trump signed an executive order in January after returning to the presidency that reversed a policy implemented under his Democratic predecessor Joe Biden that had allowed transgender troops to serve openly in the American armed forces. Biden said at the time that “America is safer when everyone qualified to serve can do so openly and with pride.”
“A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member,“ Trump’s directive stated.
The court, they said, has “sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.”
‘READINESS AND LETHALITY’
Gender dysphoria is the clinical diagnosis for significant distress that can result from an incongruence between a person’s gender identity and the sex they were assigned at birth.
The lawsuit in which Settle acted was filed by seven active-duty transgender troops, a transgender man seeking to enlist and a civil rights advocacy group. Settle, an appointee of Republican former President George W. Bush, found that Trump’s policy was “unsupported, dramatic and facially unfair,“ and said the administration provided no evidence of any harm resulting from transgender people serving the military.
Hegseth has embraced conservative stances on culture war issues, including eliminating diversity initiatives at the Pentagon. Speaking earlier on Tuesday, Hegseth told a conference hosted by U.S. special operations forces: “No more pronouns, no more climate-change obsessions, no more emergency vaccine mandates, no more dudes in dresses.” The San Francisco-based 9th U.S. Circuit Court of Appeals had declined the administration’s request to put Settle’s order on hold.
In a separate case, Washington, D.C.-based U.S. District Judge Ana Reyes also had issued a nationwide injunction blocking Trump’s ban while that litigation proceeds. The U.S. Court of Appeals for the District of Columbia Circuit placed that injunction temporarily on hold. The Supreme Court is expected to rule in a major transgender rights case by the end of June. The justices heard arguments on December 4 over the legality of a Republican-backed ban in Tennessee on gender-affirming medical care for transgender minors.
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