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Supreme Court Allows Trump’s Transgender Military Ban as Case Proceeds

Donald Trump
Alex Edelman/Shutterstock

WASHINGTON — The Supreme Court will allow the Trump administration’s ban on transgender service members to go into effect while the policy is being challenged in the courts.

In a 5-4 decision, the high court granted the administration’s request to lift a court stay that had sidelined the policy, which Trump announced in a tweet in 2017.

That means that the ban will be allowed to go into effect, at least temporarily. Justices Stephen Breyer, Ruth Bader Ginsburg, Sonia Sotomayor, and Elena Kagan dissented. The decision was announced in a brief, unsigned order.

The policy prohibits those who identify as transgender from military service. It has been challenged in the courts in a number of cases. The Ninth Circuit Court of Appeals is expected to issue a decision soon on one of the cases.

“Not only is the Trump Administration creating a dangerous environment for transgender service members, but they are also weakening the strength of our military and setting a dangerous precedent that puts the safety of our soldiers and nation’s military readiness in jeopardy,” Sarah Kate Ellis, the president and CEO of GLAAD, said in a statement.

Chad Griffin, the president of the Human Rights Campaign, tweeted, “Allowing Trump & Pence’s trans military ban to go into effect harms active duty transgender troops and our national security. We will fight this harmful and discriminatory ban until it is fully defeated.”