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Post Reply: US Supreme Court Allows Trump’s Transgender Military Ban to Take Effect - RT

<blockquote><div class="quotetitle">Quote from <a class="profile-link highlight-moderator" href="https://lawguide.co.ke/understanding-law/legal-forum/profile/lawyer/">Lawyer</a> on May 7, 2025, 7:10 am</div><div id="pl-5255"  class="panel-layout" ><div id="pg-5255-0"  class="panel-grid panel-no-style" ><div id="pgc-5255-0-0"  class="panel-grid-cell"  data-weight="1" ><div id="panel-5255-0-0-0" class="so-panel widget widget_sow-editor panel-first-child panel-last-child" data-index="0" data-style="{&quot;background_image_attachment&quot;:false,&quot;background_display&quot;:&quot;tile&quot;,&quot;background_image_size&quot;:&quot;full&quot;,&quot;background_image_opacity&quot;:&quot;100&quot;,&quot;border_thickness&quot;:&quot;1px&quot;}" ><div
			
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	<p>In a significant decision on 6th May 2025, the U.S. Supreme Court granted the Trump administration’s request to implement a controversial ban on transgender individuals serving in the military. The 6-3 ruling lifts a federal judge’s nationwide injunction, allowing the military to discharge thousands of current transgender troops and reject new recruits while legal challenges continue.</p>
<p>President Donald Trump issued an executive order on 27th January 2025, reinstating a stricter version of a policy from his first term that bars transgender individuals from military service. The order claims that transgender identity conflicts with the “honorable, truthful, and disciplined lifestyle” required of service members and cites concerns about military readiness and medical costs. The Department of Defense estimates that approximately 4,200 active-duty service members, or 0.2% of the military, are transgender.</p>
<p>In March 2025, U.S. District Judge Ana Reyes in Washington, D.C., blocked the ban, ruling that it likely violated the Constitution’s prohibition on sex discrimination. Judge Reyes criticized the policy as “soaked in animus” and lacking evidence to justify its impact on military effectiveness. A second injunction was issued by U.S. District Judge Benjamin Settle in Tacoma, Washington, who called the policy “unsupported” and discriminatory.</p>
<p>The Supreme Court’s decision to lift the injunctions allows the Department of Defense to enforce the ban immediately, pending further litigation. The majority, consisting of the court’s six conservative justices, did not provide reasoning for their ruling, as is common in emergency requests. Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented, indicating they would have maintained the lower court’s block but offered no explanation.</p>
<p>This ruling follows a 2019 Supreme Court decision that allowed a narrower version of Trump’s transgender military ban to take effect, which excluded those who had undergone gender transition or were unwilling to serve in their “biological sex.” President Joe Biden reversed that policy in 2021, allowing transgender individuals to serve openly, but Trump’s latest order reinstates and expands the restrictions.</p>
<p>The decision has sparked intense debate. Critics, including LGBTQ+ advocates, argue that the ban is unconstitutional and harms national security by removing experienced service members. “This is a devastating blow to transgender service members who have demonstrated their capabilities and commitment to our nation’s defense,” stated attorneys from the Human Rights Campaign Foundation and Lambda Legal. They emphasized that the policy is rooted in prejudice rather than military necessity.</p>
<p>The Trump administration, however, defends the ban, asserting that gender dysphoria undermines military effectiveness, similar to other medical conditions like asthma or hypertension. Solicitor General John Sauer argued that the policy reflects “professional military judgment” to maintain a lethal and combat-effective force.</p>
<p>While the Supreme Court’s ruling allows the ban to take effect, it does not resolve the underlying question of its constitutionality. Lawsuits challenging the policy, including one brought by 20 current and prospective service members, will continue in lower courts. These plaintiffs cite a 2020 Supreme Court ruling that employment discrimination against transgender individuals constitutes illegal sex discrimination, arguing that the military ban violates similar principles.</p>
<p>The Department of Defense has issued guidance requiring service members with a diagnosis or history of gender dysphoria to be processed for separation. This policy also states that the military recognizes only two sexes—male and female—and considers sex “immutable.”</p>
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