Military transgender ban endorsed by Supreme Court as legal challenges persist

Rewritten Article:

Current Status of the Trump Administration's Military Ban on Transgender Individuals

HAKEEM, HOST:

The U.S. Supreme Court has given the green light for the Trump administration to enforce its ban on transgender military members, at least provisionally. To break it down, we're chatting with NPR's legal affairs journalist, Nina Totenberg. Now Nina, President Trump has been battling to exclude transgender troops since his initial term. What's the main difference now compared to then?

TOTENBERG: In the first Trump term, he managed to partly succeed, but the ban was later overturned by President Biden, only to be re-established by Trump following his re-election. The new order echoes the Trump order during his first tenure and seemingly strengthens it, barring transgender individuals from enlisting and discharging active-duty transgender service members.

HAKEEM: So, what did the Supreme Court rule yesterday?

TOTENBERG: In a terse, unsigned order, the justices reinstated the transgender military ban, which had previously been put on hold by lower courts. The court's liberal justices — Kagan, Sotomayor, and Jackson — registered their disapproval and would have banned administration enactment of the policy as the case progresses through the lower courts. Consequently, the case will return to the 9th Circuit Court of Appeals for reevaluation.

HAKEEM: There's been a lot of back-and-forth in this case since 2016. That's when the Obama administration first allowed openly trans individuals to serve in the military. So, how does the new policy differ?

TOTENBERG: The Obama policy was rescinded by Trump in 2017, followed by new rules issued by Defense Secretary James Mattis. The Mattis rules allowed exceptions to the ban for active service members previously diagnosed with gender dysphoria. However, the new policy, the Trump 2.0 policy, is more stringent because it bars transgender individuals with a gender dysphoria diagnosis from the military. And while that doesn't apply to everyone, it primarily affects trans individuals.

HAKEEM: Now, where are things currently standing?

TOTENBERG: The 9th Circuit Court of Appeals will take another look at the issue, and the decision can be appealed to the Supreme Court, though the ban is expected to remain in effect during the appellate process.

HAKEEM: Let's cut to the chase here. What are the odds that the Supreme Court will ultimately rule against the Trump trans ban in the military?

TOTENBERG: The likelihood appears slim. The fact remains that the Supreme Court, even temporarily, has granted the administration the authority to carry out the ban. This suggests that the administration is highly likely to prevail in the long run.

HAKEEM: When it comes to the number of transgender individuals in the military, how many are there currently under the policy that allows them to enlist and serve?

TOTENBERG: According to the Pentagon, it's roughly 0.2% of active military forces, or approximately 4,000 individuals.

HAKEEM: So, Nina, I'm curious. Who are the plaintiffs leading this challenge?

TOTENBERG: They include current and aspiring transgender service members, such as lead plaintiff Emily Shilling, a Navy pilot with nearly two decades of military service under her wings. A federal judge in Washington state, George W. Bush appointee Benjamin Settle, ruled in their favor. He concluded that the government's classification of gender dysphoria as a disqualifying medical condition was essentially a cover motivated by hostility towards transgender people.

HAKEEM: Is it safe to say that the Supreme Court will eventually rule on this case?

TOTENBERG: It's likely that the case will return to the court next term for a final ruling, regardless of the outcome in the 9th Circuit.

HAKEEM: Alright, so that's NPR's Nina Totenberg. Nina, thanks for your time.

TOTENBERG: My pleasure. The transcript provided by NPR, Copyright NPR.

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### Relevant Enrichment Data:

Challenges to the Ban: The case challenging the Trump administration's ban on transgender troops has been moving through the courts since 2017, when the initial ban was announced[1]. The case is ongoing, with various legal challenges filed in response to the administration's attempts to enforce the ban.
Constitutional Arguments: Constitutional challenges to the ban center around issues of equal protection under the law and discrimination based on gender identity[1][2]. Plaintiffs argue that the ban violates the Fifth Amendment's Due Process clause.
Military Expertise: Some military leaders, including former Chairman of the Joint Chiefs of Staff, General Joseph Dunford, have expressed support for transgender individuals serving openly in the military, stating that there are no obstacles or additional costs associated with allowing transgender individuals to serve[2].
Healthcare and Treatment: The new policy bars individuals with a history of gender dysphoria from serving in the military, raising concerns about the provisions for healthcare and treatment for transgender service members[3]. Military officials have stated that transgender service members are responsible for their own healthcare costs, but this could create significant barriers for some individuals seeking necessary medical care.
Potential Impact on Military Recruiting: Critics argue that the ban could harm military recruiting efforts, as it may deter qualified individuals from enlisting due to the potential for discrimination and bias[4]. Finding ways to attract and retain a diverse pool of talent is crucial for maintaining a capable and cohesive military force.
Legal Precedent: The Supreme Court's decision could set a legal precedent for future cases involving discrimination against LGBTQ individuals and, more broadly, for debates about equal protection and anti-discrimination laws[5]. Its ruling could have implications beyond the military context, affecting employment, housing, and other areas where issues of discrimination and equality are prevalent.

The current policy of the Trump administration, reinstated by the Supreme Court, bars transgender individuals from enlisting in the military and discharges active-duty transgender service members, a policy that seems to strengthen the one implemented during Trump's first term.
The case challenging the transgender military ban, involving current and aspiring transgender service members, such as lead plaintiff Emily Shilling, will return to the 9th Circuit Court of Appeals for reevaluation, with a possible further appeal to the Supreme Court.
In politics and general news, the Supreme Court's decision to reinstate the ban suggests a likely win for the administration in the long run, although constitutional arguments centered around equal protection under the law and discrimination based on gender identity continue to be raised.
Critics argue that the policy's impact on military recruiting could deter qualified individuals from enlisting due to potential discrimination, making it crucial to attract and retain a diverse pool of talent in order to maintain a capable and cohesive military force.