Federal Appeals Court Issues Restrictions on Transgender Troops

A federal appeals court in Washington DC recently ruled that restrictions on transgender troops in the military is permitted to stand.

A federal appeals court in Washington recently sided with the Trump administration in ruling that restrictions on transgender troops in the military is permitted to stand. Lower court judges had previously blocked Trump’s prohibition from taking effect while the case was appealed.

Current Transgender Military Laws

In 2017, president Trump announced extensive prohibitions against transgender service members. Behind this announcement was the President’s perspective of the “tremendous medical costs” associated with the military service of transgender individuals, even though numerous studies have shown these beliefs to be unfounded and that a transgender ban would actually harm the military. Nevertheless, President Trump reversed administrative orders placed by President Obama which allowed transgender men and women to serve openly in the military as well as to receive funding for sex-reassignment surgery.

The Impact of the Case

The order from the Federal Court will have no immediate impact on transgender troops because there are currently three other federal cases in which judges have temporarily blocked the administration from implementing its policy. The Defense Department is also still following other court orders that allow transgender individuals to serve in the military. While the administration has requested the United States Supreme Court intervene with this case, the court has yet to make any steps toward hearing a case regarding this area of law.

The Court’s Opinion

In its decision, a panel of judges for the DC Circuit Court accepted the Trump Administration’s transgender military ban as legal. In making its decision, the court noted that the case only applies to transgender individuals who have gender dysphoria or who are unwilling to serve in the military as their biological sex. The court found that these qualities are not “essential” or “defining” aspects of being a transgender individual, and as a result, the ban should be able to continue.

Criticism of the Decision

While some people have sided with the arguments raised by the Trump administration concerning why people should not be allowed to serve in the military, not everyone has. A spokesperson for the National Center for Lesbian Rights has argued that the ruling reflects a fundamental and dangerous misunderstanding of what it means to be transgender. Forcing a transgender individual to suppress their identity to serve in the military, this side argues, constitutes a ban, as other courts that have ruled on the issue have found. This side has also expressed the concern that a large number of appellate judges are not familiar with transgender individuals or transgender rights and are not able to make appropriate decisions in this area of law. However, there is interest in continued litigation so that a stronger base of evidence supporting transgender rights can be created.

Dedicated to Documenting Transgender Rights

It remains to be seen exactly how the issue regarding transgender troops in the United States military will be resolved. As various developments arise concerning the rights of transgender individuals, the Universal Life Church’s blog will be dedicated to covering them.

(image courtesy of Mitchell Hollander)