Sun Sentinel Palm Beach Edition

Court blocks Trump’s military transgende­r ban

- By W.J. Hennigan Washington Bureau

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 openly serve in the armed services. 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 individual­s 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 openly enlist for the first time in the military 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.”

A major change of Pentagon policy is typically subject to months, if not years, of study and legal vetting before it’s rolled out. In this case, Trump told Defense Secretary Jim Mattis a day before he put out the decision on social media.

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

The president’s ban immediatel­y drew rebuke from many war veterans and LGBT advocacy groups, resulting in lawsuits 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, D.C., 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 how it would implement the ban, including how it would handle thousands of transgende­r soldiers, sailors, Marines and airmen now in uniform.

Those individual­s could stay in the armed forces, the administra­tion argued. It said active duty service members — including the six unnamed service members and two recruits represente­d by the National Center for Lesbian Rights and GLBTQ Legal Advocates and Defenders — would not be affected.

Kollar-Kotelly disagreed with that claim in her ruling.

“These arguments, while perhaps compelling in the abstract, wither away under scrutiny,” she said. “The memorandum unequivoca­lly directs the military to prohibit indefinite­ly the accession of transgende­r individual­s and to authorize their discharge. This decision has already been made. These directives must be executed by a date certain, and there is no reason to believe that they will not be executed.“

She added that the transgende­r troops who sued the administra­tion over the change were likely to win their lawsuit.

The ruling was not a total defeat for the White House. The judge upheld part of Trump’s directive that blocked use of federal funds for gender reassignme­nt surgery in the military because the plaintiff’s attorneys did not establish the impact of that money being held back.

 ?? PAUL J. RICHARDS/GETTY-AFP ?? Opponents to the president’s ban on transgende­r people serving in the military protest during the summer.
PAUL J. RICHARDS/GETTY-AFP Opponents to the president’s ban on transgende­r people serving in the military protest during the summer.

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