NEWS

Court blocks Trump administration from changing DoD transgender policy

A court order just halted the Trump administration's plans to revert the Department of Defense personnel policy on transgender troops implemented by President Barack Obama. The ruling has the effect of keeping the order in place while the case is argued.


According to a report by the Washington Times, U.S. District Court Judge Colleen Kollar-Kotelly, who was appointed to the United States District Court for the District of Columbia by President Bill Clinton in 1997, wrote a 76-page ruling issuing the injunction. The ruling nullified President Trump's memo from Aug. 25. The memo followed up on a tweet by the President from July.

U.S. District Court judge Collen Kollar-Kotelly. (US government photo)

"The Court finds that a number of factors—including the sheer breadth of the exclusion ordered by the directives, the unusual circumstances surrounding the President's announcement of them, the fact that the reasons given for them do not appear to be supported by any facts, and the recent rejection of those reasons by the military itself — strongly suggest that Plaintiffs' Fifth Amendment claim is meritorious," Judge Kollar-Kotelly wrote in the opinion striking down the ban on future accessions and retention of transgender troops.

The ruling drew fire from Elaine Donnelly, the president of the Center for Military Readiness. Donnelly said that the judge in the case was acting as "supreme judicial commander of the military." She argues that the issue of whether transgender individuals can serve in the military was not about civil rights, but was "a national security issue."

Secretary of Defense Ash Carter signed off on the June 2016 Department of Defense instruction addressing transgendered troops in the military, which President Trump sought to reverse. (Photo: U.S. Navy Petty Officer 2nd Class Sean Hurt)

"The United States Supreme Court has on numerous occasions upheld or issued decisions based on deference to the Congress of the United States, which has the power to make policy, and the Executive Branch which implements policy," she explained.

According to an Aug. 11 report by the BBC, there are fewer than 11,000 transgender individuals serving in the armed forces.