2nd U.S. judge halts proposed transgender military ban
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 Kollar-Kotelly, 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, which filed a motion for a preliminary injunction in September, 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.”
The proposed ban remains unenforceable under the preliminary injunctions.
A Pentagon spokesman, Mark Wright, said the Tuesday ruling will have no impact on current Defense Department policy. Wright said the Pentagon is operating on interim guidance issues by Defense Secretary Jim Mattis on Aug. 25.
“As directed by the DoD guidance, no action may be taken to involuntarily separate or discharge an otherwise qualified service member solely on the basis of a gender dysphoria diagnosis or transgender status,” Wright said.