Washington: A U.S. appeals court on Monday refused to grant the Trump administration’s request to temporarily reinstate its ban on transgender individuals serving in the military, upholding a lower court’s decision that blocked the policy.
Last week, U.S. District Judge Benjamin Settle in Tacoma, Washington, issued a preliminary injunction preventing the enforcement of the administration’s new policy, which sought to identify and discharge transgender service members. In response, the Trump administration appealed the ruling and petitioned the San Francisco-based 9th U.S. Circuit Court of Appeals to pause the injunction while the case progressed.
On Monday, a three-judge panel from the 9th Circuit denied the administration’s request for an administrative stay, maintaining the status quo for transgender military personnel while the legal battle continued.
The Defense Department declined to comment on the ruling, while the Justice Department did not immediately respond to inquiries.
Lambda Legal and the Human Rights Campaign Foundation, which represent seven active-duty transgender service members in the lawsuit, welcomed the court’s decision.
“We are pleased that the status quo will remain in place while we continue to fight on behalf of transgender service members who serve our country selflessly and with distinction and honor,” the groups said in a joint statement.
The ruling comes amid conflicting legal interpretations in different jurisdictions. In a separate case last week, the U.S. Court of Appeals for the D.C. Circuit temporarily reinstated the ban, issuing an administrative stay on a lower court order that had blocked it. However, the court signaled that it might reconsider the decision if the military took action against transgender personnel.
Judge Settle, in his March 27 ruling, noted that the military had functioned without issue for four years under a policy that allowed transgender individuals to serve openly.
Also Read | Democrats Challenge Trump’s Election Overhaul Executive Order in Court
“Any claimed hardship (the military) may face in the meantime pales in comparison to the hardships imposed on transgender service members,” Settle, an appointee of Republican President George W. Bush, wrote in his decision.
The Trump administration’s legal team argued that Settle had overstepped his authority by overruling military judgment.
Also Read | With Kid Rock at His Side, Trump Moves to Reform Ticketing Industry
“Absent a stay, the military will be forced to continue implementing a policy that the Department has determined is not compatible with military readiness and lethality,” government lawyers wrote in their request.
Also Read | SpaceX Launches Fram2: First Private Astronaut Mission on Polar Orbit
The case is being litigated by several high-profile law firms, including Perkins Coie, which is among those representing the plaintiffs. The firm has been a target of Trump’s executive orders, which sought to limit its access to government officials and strip its lawyers of security clearances. However, a judge recently blocked most provisions of that order, preventing its immediate implementation.
