Appeals court partially blocks military’s ban on troops who identify as trans

A federal appeals court in Washington, D.C., ruled on Monday that the Trump administration’s policy barring soldiers who identify as transgender from enlisting likely violated their right to equal protection under the 14th Amendment. The three-judge panel returned a 2-1 vote partially upholding a previous federal ruling, which viewed the policy as intentionally designed to target individuals based on so-called gender identity. Monday’s ruling effectively blocks the government from discharging any troops currently serving, but leaves the ban in place for prospective servicemembers.

President Donald Trump issued an executive order soon after re-entering office that prompted the Pentagon to discharge transgender military members and stop new ones from joining. The Supreme Court also ruled last May that the Trump administration may enforce its ban on transgender service members amid the ongoing court battle over its constitutionality.

The new policy appeared to be driven by the desire to harm people who identify as transgender, a politically unpopular group, according to the majority opinion penned by U.S. Circuit Judge Robert Wilkins. However, despite the majority opinion, the ban remains in place. The court did narrow the service embargo and ruled that the ban would not be enforced against the plaintiffs involved in the lawsuit, and would only stop new transgender soldiers from enlisting.

What did the dissenting judge have to say? U.S. Circuit Judge Justin Walker penned a dissenting opinion, arguing that judges don’t have the authority to question the military’s decisions. Judges don’t have the expertise or authority to decide who the military can choose for its ranks, he wrote. The Constitution assigned that job to Congress and the president, he added.