Government Seeks Quick Ruling on Transgender Troops Case

27 November, 2018, 07:16 | Author: Charlene Valdez
  • Trump takes transgender troops case to court

U.S. President Donald Trump's administration asked the U.S. Supreme Court on Friday to review lower court rulings blocking a policy barring certain transgender people from military service.

The Pentagon initially lifted its ban on transgender troops serving openly in the military in 2016 under the orders of the Obama administration.

But Francisco told the Supreme Court the administration cannot afford to wait for those circuits to decide, and that the justices should accept the cases now so they can be heard in the current term.

"The military has been forced to maintain [its] prior policy for almost a year", Francisco lamented, noting that "absent this Court's prompt intervention, it is unlikely that the military will be able to implement its new policy any time soon".

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"The President's ban is a cruel and arbitrary decision created to humiliate transgender Americans who have stepped forward to serve our country", she said in a statement.

"In my professional judgment, these policies will place the Department of Defense in the strongest position to protect the American people, to fight and win America's wars, and to ensure the survival and success of our Service members around the world", he added.

Transgender individuals had never been able to serve in the USA military, but Barack Obama attempted to change that policy shortly during his final term, and President Trump inherited that attempted policy change shortly after taking office.

Trump's repeated attempts to implement his transgender military ban have been widely condemned, with critics describing the move as inherently discriminatory. The U.S. Court of Appeals for the District Circuit is scheduled to hear an appeal of the ruling next month. Lawyers for the Justice Department filed petitions on Friday in three separate cases in regard to the ban on transgender military service members.

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The administration has since limited the policy to transgender individuals with a history of gender dysphoria. An Obama administration policy change has allowed them to serve in the U.S. military.

"It seems the Trump administration can't wait to discriminate", said Peter Renn of Lambda Legal.

The Trump administration has taken an aggressive posture when lower courts have ruled against it on important issues. "There is no valid reason to jump the line now and seek US Supreme Court review before the appellate courts have even ruled on the preliminary issues before them".

The court will hear arguments in the census question case in February. Coming the day after the president turned a Thanksgiving message to troops into a complaint about his own losses in federal court, it is clear the administration is growing ever more desperate to undermine the law and insert prejudice and hate into our armed forces. Over the last two decades, most federal courts have ruled that Title VII of the 1964 Civil Rights Act does, in fact, protect employees from discrimination on the basis of their gender identity or expression - interpreted as discrimination based on sex.

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