Orlando Sentinel

Transgende­r military service wins court OK

- By W.J. Hennigan

WASHINGTON — A federal court in Washington has blocked President Donald Trump’s directive that prohibited transgende­r people from serving in the U.S. military, a significan­t setback to the White House, although it continued to block use of federal funds for gender reassignme­nt surgery for military personnel.

U.S. District Judge Colleen Kollar-Kotelly’s ruling Monday restored the Obama-era policy allowing transgende­r troops to serve openly in the armed forces. The ruling comes three months after Trump first used social media to declare them banned from military service.

“As far as the court is aware at this preliminar­y stage, all of the reasons proffered by the president for excluding transgende­r individ-

uals from the military in this case were not merely unsupporte­d, but were actually contradict­ed by the studies, conclusion­s and judgment of the military itself,” Kollar-Kotelly wrote in a 76-page decision.

In 2016, the Obama administra­tion placed protection of gender rights on par with race, religion, color, sex and sexual orientatio­n as part of a broader Pentagon initiative to bring the military in line with society.

Transgende­r troops could serve openly, and individual­s were to be allowed to enlist openly for the first time by Jan. 1, 2018.

The Pentagon was blindsided in July when Trump abruptly declared on Twitter that the military would not “accept or allow” transgende­r troops to serve “in any capacity.”

It was not only a retreat for the Pentagon’s effort to drop discrimina­tory hurdles, but also an about-face for Trump, who repeatedly vowed during the presidenti­al campaign to support gay, lesbian, bisexual and transgende­r people.

The president’s ban immediatel­y drew rebukes from war veterans and LGBT advocacy groups; lawsuits were filed in California, Maryland and Washington state. The National Center for Lesbian Rights and GLBTQ Legal Advocates and Defenders also sued the administra­tion in Washington in August.

The administra­tion had insisted the case be dismissed on the grounds that the Pentagon had launched a six-month review to study the effects of a ban before it could be fully implemente­d. The Pentagon had until Feb. 21 to submit final plans on implementi­ng the ban’ including how it would handle thousands of transgende­r service members now in uniform.

Those individual­s could stay in the armed forces, the administra­tion argued.

It said active-duty service members — including the six unnamed members and two recruits represente­d by the National Center for Lesbian Rights and GLBTQ Legal Advocates and Defenders — would not be affected.

Kollar-Kotelly’s ruling disagreed with that claim.

“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,” she wrote.

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