DC Federal Court Blocks Most of Trump's Transgender Military Ban
A federal judge in Washington, D.C., has blocked most of President Donald Trump's prohibition of transgender military service, while leaving the ban on Defense Department funding of gender reassignments intact.
October 30, 2017 at 03:11 PM
9 minute read
A federal judge in Washington, D.C., has blocked most of President Donald Trump's prohibition of transgender military service, while leaving the ban on Defense Department funding of gender reassignments intact.
Trump's ban on transgender military service has been the target of a growing number of lawsuits since he first announced the policy via tweet in late July and subsequently issued a presidential memorandum on the subject in August.
The plaintiffs, current or aspiring members of the military who are transgender, claim that Trump's ban violates their constitutional rights to due process. U.S. District Judge Colleen Kollar-Kotelly of the District of Columbia denied the White House's request to dismiss those claims.
Kollar-Kotelly reasoned in her Monday opinion that the plaintiffs would likely prevail on their Fifth Amendment claims.
“As a form of government action that classifies people based on their gender identity, and disfavors a class of historically persecuted and politically powerless individuals, the president's directives are subject to a fairly searching form of scrutiny,” Kollar-Kotelly wrote.
“Plaintiffs claim that the president's directives cannot survive such scrutiny because they are not genuinely based on legitimate concerns regarding military effectiveness or budget constraints, but are instead driven by a desire to express disapproval of transgender people generally,” the judge continued. “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.”
However, Kollar-Kotelly ruled in favor of the administration in deciding that the plaintiffs did not have grounds to challenge the ban on military-funded gender reassignment surgeries.
“None of the plaintiffs have demonstrated an injury in fact with respect to the Sex Reassignment Surgery Directive. First, only some plaintiffs are implicated by the provision at all. For those that are, the risk of being impacted by the Sex Reassignment Surgery Directive is not sufficiently great to confer standing,” Kollar-Kotelly said.
The judge added that some of the plaintiffs are not yet in the military and have expressed their intent on having the surgery prior to enlistment.
Trump's ban would upend the protections extended to transgender servicemembers by his predecessor.
In June 2016, President Barack Obama and former Defense Secretary Ash Carter announced a change in standing policy for transgender people serving in the armed forces. The announcement included a one-year plan to allow transgender people to enlist and immediately made it so service members could no longer be discharged for being transgender. In August, Defense Secretary James Mattis delayed the July 1 deadline to begin enlisting transgender people by six months.
Kevin M. Lamb of Wilmer Cutler Pickering Hale and Dorr represents the plaintiffs and deferred comment to Jennifer Levi of GLBTQ Legal Advocates & Defenders, who said, “We are thrilled with the decision. The court enjoined the military from excluding transgender people from service and recognized that people who are capable must be allowed to serve. The court rejected the government's argument that there is any military rationale for excluding transgender people from serving.”
Ryan B. Parker, an attorney with the Department of Justice, did not respond to a request for comment.
A federal judge in Washington, D.C., has blocked most of President Donald Trump's prohibition of transgender military service, while leaving the ban on Defense Department funding of gender reassignments intact.
Trump's ban on transgender military service has been the target of a growing number of lawsuits since he first announced the policy via tweet in late July and subsequently issued a presidential memorandum on the subject in August.
The plaintiffs, current or aspiring members of the military who are transgender, claim that Trump's ban violates their constitutional rights to due process. U.S. District Judge
Kollar-Kotelly reasoned in her Monday opinion that the plaintiffs would likely prevail on their Fifth Amendment claims.
“As a form of government action that classifies people based on their gender identity, and disfavors a class of historically persecuted and politically powerless individuals, the president's directives are subject to a fairly searching form of scrutiny,” Kollar-Kotelly wrote.
“Plaintiffs claim that the president's directives cannot survive such scrutiny because they are not genuinely based on legitimate concerns regarding military effectiveness or budget constraints, but are instead driven by a desire to express disapproval of transgender people generally,” the judge continued. “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.”
However, Kollar-Kotelly ruled in favor of the administration in deciding that the plaintiffs did not have grounds to challenge the ban on military-funded gender reassignment surgeries.
“None of the plaintiffs have demonstrated an injury in fact with respect to the Sex Reassignment Surgery Directive. First, only some plaintiffs are implicated by the provision at all. For those that are, the risk of being impacted by the Sex Reassignment Surgery Directive is not sufficiently great to confer standing,” Kollar-Kotelly said.
The judge added that some of the plaintiffs are not yet in the military and have expressed their intent on having the surgery prior to enlistment.
Trump's ban would upend the protections extended to transgender servicemembers by his predecessor.
In June 2016, President Barack Obama and former Defense Secretary Ash Carter announced a change in standing policy for transgender people serving in the armed forces. The announcement included a one-year plan to allow transgender people to enlist and immediately made it so service members could no longer be discharged for being transgender. In August, Defense Secretary James Mattis delayed the July 1 deadline to begin enlisting transgender people by six months.
Kevin M. Lamb of
Ryan B. Parker, an attorney with the Department of Justice, did not respond to a request for comment.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllTrump's Solicitor General Expected to 'Flip' Prelogar's Positions at Supreme Court
Auditor Finds 'Significant Deficiency' in FTC Accounting to Tune of $7M
4 minute readTexas Court Invalidates SEC’s Dealer Rule, Siding with Crypto Advocates
3 minute readTrending Stories
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250