US Supreme Court gives the green light for Trump to implement transgender military ban

Warning: This article contains discussion of discrimination against the trans community which some readers may find distressing.

The US Supreme Court has ruled Trump's administration can now begin enacting its policy banning transgender people from the military.

Just a week after Donald Trump returned to the Oval Office for a second term as 47th president of the US in January earlier this year, he signed an executive order titled 'Prioritizing Military Excellence and Readiness'.

The policy ultimately sought to ban transgender people from enlisting in the military and required any current transgender service members be removed from their roles.

Two national LGBTQ legal organizations, LGBTQ Legal Advocates & Defenders and the the National Center for Lesbian Rights, responded to Trump's order with a lawsuit and in March, the order was blocked by US District Judge Ana Reyes, of Washington, D.C.

However, on May 6, the supreme court ruled Trump's administration can now enact the policy despite the legal proceedings being ongoing.

What does Trump's executive order say?

The order stated the 'pursuit of military excellence' is being 'diluted' in order to 'accommodate political agendas or other ideologies'.

It goes on to claim that 'adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle'.

What have LGBTQ+ organizations said in their lawsuit?

Filed on behalf of six active-duty trans service members and two trans people seeking to enlist, the lawsuit argued the ban 'reflects animosity toward transgender people because of their transgender status'.

Upon blocking the order in March, US District Judge Reyes argued it violates an equal protection clause because it discriminates based on transgender status and sex, stating the language was 'unabashedly demeaning' and its 'policy stigmatizes transgender persons as inherently unfit' with its 'conclusions bear[ing] no relation to fact'.

Reyes argued the government could've crafted a policy which balances 'the Nation’s need for a prepared military and Americans’ right to equal protection', and noted they 'still can'.

She continued: "The Military Ban, however, is not that policy. The Court therefore must act to uphold the equal protection rights that the military defends every day."

However, ultimately, the supreme court has since ruled in favor of Trump's administration - an unsigned order coming through yesterday with the court's three liberal justices noting they disagreed with the decision.

And human rights organizations have since spoken out.

Trump's administration can now start enacting the ban (Michael Nigro/Pacific Press/LightRocket via Getty Images)

Lambda Legal and the Human Rights Campaign Foundation said in a statement: "By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice.

"Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down."

If you’ve been affected by any of these issues and want to speak to someone in confidence, contact the LGBT national hotline at 888-843-4564, available Monday to Friday 4pm-12am ET and 12pm-5pm ET on Saturdays.

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