The New York Times – The Supreme Court ruled on Tuesday that the Trump administration may start enforcing a ban on [so-called] transgender troops serving in the military that had been blocked by lower courts.
The ruling was brief, unsigned and gave no reasons, which is typical when the justices act on emergency applications. It will remain in place while challenges to the ban move forward.
The court’s three liberal members — Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson — noted dissents but provided no reasoning.
The case concerns an executive order issued on the first day of President Trump’s second term. It revoked an order from President Joseph R. Biden Jr. that had let transgender service members serve openly.
A week later, Mr. Trump issued a second order saying that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful and disciplined lifestyle.”
The Defense Department implemented Mr. Trump’s order in February, issuing a new policy requiring transgender troops to be forced out of the military. According to officials there, about 4,200 current service members, or about 0.2 percent of the military, are transgender.
The Supreme Court’s order came against the backdrop of the Trump administration’s broad attacks on transgender rights. The administration has sought to bar transgender athletes from sports competitions. It has tried to force transgender people to use bathrooms designated for their sex assigned at birth. And it has objected to letting people choose their pronouns.
The justices will soon decide the fate of a Tennessee law that bans transition care for transgender youths, challenged in a case brought by the Biden administration.
The Trump administration flipped the government’s position in that case in February, after an executive order directed agencies to take steps to curtail surgeries, hormone therapy and other gender transition care for people under 19 years old.
In the case decided on Tuesday, seven active service members, as well as a person who sought to join and an advocacy group, sued to block the policy, saying, among other things, that it ran afoul of the Constitution’s equal protection clause.
One of the plaintiffs, Cmdr. Emily Shilling, who began transitioning in 2021 while serving in the Navy, has been a naval aviator for 19 years, flying more than 60 combat missions, including in Iraq and Afghanistan. Her lawyers said the Navy had spent $20 million on her training.
In March, Judge Benjamin H. Settle of the Federal District Court in Tacoma, Wash., issued a nationwide injunction blocking the ban, using Commander Shilling as an example of the policy’s flaws.
