Sun Sentinel Palm Beach Edition

Judge halts ban on transgende­r military

- By David McFadden

BALTIMORE — Another federal judge has halted a proposed transgende­r military ban, expanding on an initial ruling issued last month against the plan by President Donald Trump's administra­tion.

In a preliminar­y injunction issued Tuesday in Baltimore, U.S. District Judge Marvin Garbis ruled that transgende­r service members have “demonstrat­ed that they are already suffering harmful consequenc­es” including stigma, threat of discharge and the cancellati­on or delay of surgeries.

Trump had announced on Twitter in July that the government would not allow transgende­r individual­s to serve in the military in any capacity. The order was a proposed reinstatem­ent of a longstandi­ng policy that barred transgende­r people from joining the military and also subjected service members to discharge if they were revealed to be transgende­r. That policy was changed last year under President Barack Obama.

But in a strongly-worded passage from his 53-page decision, Garbis wrote that the “capricious, arbitrary, and unqualifie­d tweet of new policy does not trump the methodical and systematic review by military stakeholde­rs qualified to understand the ramificati­ons of policy change.”

Last month, another federal judge, U.S. District Judge Colleen KollarKote­lly, barred Trump's administra­tion from proceeding with the plans to exclude transgende­r people from military service. She directed a return to the situation that existed before Trump announced his new policy this summer, saying the administra­tion had provided no solid evidence for why a ban should be implemente­d.

Lauren Ehrsam, U.S. Department of Justice spokeswoma­n, said officials disagreed with the ruling and they are weighing their next steps in a lawsuit challengin­g the proposed policy.

“(The) plaintiffs' lawsuit challengin­g military service requiremen­ts is premature for many reasons, including that the Defense Department is actively reviewing such service requiremen­ts, as the President ordered, and because none of the plaintiffs have establishe­d that they will be impacted by current policies on military service,” Ehrsam said in an email.

The American Civil Liberties Union cheered the Tuesday ruling.

“Today is a victory for transgende­r service members across the country,” senior ACLU staff attorney Joshua Block said in a statement. “We're pleased that the courts have stepped in to ensure that trans service members are treated with the dignity and respect they deserve.”

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