It has been reported by Fox News that a Federal appeals court sided with President Donald Trump and his administration on Friday in regards to the case involving the Pentagon’s work to “restrict military service by transgender people, but the ruling won’t change who can serve or enlist at this point.”
A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled Friday that a lower court judge was wrong to block the Pentagon from implementing plans to restrict the service of transgender individuals. The unsigned ruling will not allow the Pentagon to implement its policy, however, because other judges have entered orders blocking the administration in similar cases.
The administration has already asked the Supreme Court to weigh in. The high court could announce as early as this month if it will do so.
The appeals court ruling said the military’s plan appears to rely on the “considered professional judgment” of “appropriate military officials.” It noted that the plan “appears to permit some transgender individuals to serve in the military.”
Until just a few years ago, our country’s military policy prevented transgender individuals from enrolling. Under former President Barack Obama, this changed. In 2016, it was announced that those transgenders serving in the military already, would be allowed to openly serve. July 1, 2017 was set as the date when all transgender individuals could enlist.
the enlistment date was pushed back by the Trump White House, however. They stated that further studies had to be done, and while the study was taking place, Trump wrote in a tweet in July of 2017 that our country’s government would not be allowing “Transgender individuals to serve in any capacity in the U.S. Military.”
Fox reports, “He later directed the military to return to its policy before the Obama administration changes.”
Fox reports that groups representing transgenders decided to then sue the administration Washington D.C., Maryland, Washington state, and California.
“The Trump administration lost early rounds in those cases, with courts issuing nationwide injunctions barring the administration from altering course. As a result, transgender individuals continue to serve openly and transgender individuals have been allowed to enlist in the military since Jan. 1, 2018,” Fox explains.
The news outlet continues to remind readers that “In March 2018, the Trump administration announced that after studying the issue it was revising its policy. The new policy generally bars transgender individuals from serving or enlisting unless they serve ‘in their biological sex’ and ‘do not seek to undergo gender transition.’ An exception allows the service of transgender service members who previously relied on the Obama-era rule. Groups representing transgender individuals have responded by arguing that the policy is essentially a ban on the service by transgender individuals.”
The National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders filed the suit in D.C. NCLR Legal Director Shannon Minter said that Friday’s decision was “a devastating slap in the face to transgender service members.”
DOJ spokeswoman Kerri Kupec stated that the White House was “pleased with the decision.”
Fox explains, “Two of the three judges who ruled in the case were nominated by Republican presidents. Judge Thomas Griffith was nominated by George W. Bush and Judge Stephen Williams was nominated by Ronald Reagan. The third judge, Robert Wilkins, was nominated by President Barack Obama.”