Federal Court Halts Trump’s Ban on Transgender Military Members

The judge said Trump’s reasons for the ban “do not appear to be supported by any facts.”

Robin Rayne Nelson/ZUMA Wire

Fight disinformation: Sign up for the free Mother Jones Daily newsletter and follow the news that matters.

A federal court has temporarily halted the Trump administration policy that would keep transgender men and women from serving in the US armed forces, a move that could affect thousands of service members and aspiring recruits.

In August, President Donald Trump told the Pentagon to reverse an Obama-era policy that had allowed transgender service members to serve openly for the first time in history, and that had created a road map for the military to begin accepting new transgender recruits. Under Trump’s directive, Defense Secretary Jim Mattis would have the authority to determine whether active-duty transgender soldiers could continue serving, but no new transgender recruits would be allowed to join the armed forces. 

The US District Court of the District of Columbia on Monday issued a preliminary injunction preventing the White House from pushing forward with the policy reversal. Judge Colleen Kollar-Kotelly wrote that the plaintiffs—a group of current and aspiring transgender service members—were likely to win their lawsuit against the administration, arguing the new policy was discriminatory. (Kollar-Kotelly is also the judge who presided over a lawsuit filed in 2014 by transgender Army whistleblower Chelsea Manning for access to hormone therapy in prison.)

Earlier this month, the Trump administration asked the court to dismiss the suit, claiming the service members had not been harmed by the policy and did not have standing to sue. “These arguments, while perhaps compelling in the abstract, wither away under scrutiny,” Kollar-Kotelly wrote in Monday’s opinion.

“The effect of the Court’s Order is to revert to the status quo with regard to accession and retention that existed before the issuance of the Presidential Memorandum,” she added.

Trump’s directive also bars the Pentagon from spending money on sex reassignment surgery for transgender service members. The injunction does not apply to that portion of the policy.

Trump first announced the transgender military ban on Twitter in July, surprising defense officials. Sources close to Mattis, who was on vacation when Trump tweeted, reportedly said he had only been given a day’s notice and was horrified that the president had resorted to social media to make such a sweeping statement.

“The court finds that a number of factors—including the sheer breadth of the exclusion ordered by the directives, the unusual circumstances surrounding the President’s announcement of them, the fact that the reasons given for them do not appear to be supported by any facts, and the recent rejection of these reasons by the military itself—strongly suggest the Plaintiffs’ Fifth Amendment claim is meritorious,” Kollar-Kotelly wrote.

Read the whole opinion here:

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

WE'LL BE BLUNT

It is astonishingly hard keeping a newsroom afloat these days, and we need to raise $253,000 in online donations quickly, by October 7.

The short of it: Last year, we had to cut $1 million from our budget so we could have any chance of breaking even by the time our fiscal year ended in June. And despite a huge rally from so many of you leading up to the deadline, we still came up a bit short on the whole. We can’t let that happen again. We have no wiggle room to begin with, and now we have a hole to dig out of.

Readers also told us to just give it to you straight when we need to ask for your support, and seeing how matter-of-factly explaining our inner workings, our challenges and finances, can bring more of you in has been a real silver lining. So our online membership lead, Brian, lays it all out for you in his personal, insider account (that literally puts his skin in the game!) of how urgent things are right now.

The upshot: Being able to rally $253,000 in donations over these next few weeks is vitally important simply because it is the number that keeps us right on track, helping make sure we don't end up with a bigger gap than can be filled again, helping us avoid any significant (and knowable) cash-flow crunches for now. We used to be more nonchalant about coming up short this time of year, thinking we can make it by the time June rolls around. Not anymore.

Because the in-depth journalism on underreported beats and unique perspectives on the daily news you turn to Mother Jones for is only possible because readers fund us. Corporations and powerful people with deep pockets will never sustain the type of journalism we exist to do. The only investors who won’t let independent, investigative journalism down are the people who actually care about its future—you.

And we need readers to show up for us big time—again.

Getting just 10 percent of the people who care enough about our work to be reading this blurb to part with a few bucks would be utterly transformative for us, and that's very much what we need to keep charging hard in this financially uncertain, high-stakes year.

If you can right now, please support the journalism you get from Mother Jones with a donation at whatever amount works for you. And please do it now, before you move on to whatever you're about to do next and think maybe you'll get to it later, because every gift matters and we really need to see a strong response if we're going to raise the $253,000 we need in less than three weeks.

payment methods

We Recommend

Latest

Sign up for our free newsletter

Subscribe to the Mother Jones Daily to have our top stories delivered directly to your inbox.

Get our award-winning magazine

Save big on a full year of investigations, ideas, and insights.

Subscribe

Support our journalism

Help Mother Jones' reporters dig deep with a tax-deductible donation.

Donate