The US Supreme Court ruled on Tuesday that it will not block the Trump Administration’s enforcement of its ban on transgender individuals serving in the military, lifting a nationwide injunction previously issued by a federal judge in Washington state. The decision allows the policy to take effect while legal challenges proceed in lower courts.
The Court’s “short order” was issued without explanation, a common practice in emergency rulings.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, the liberals appointed by President Barack Obama and President Joe Biden, dissented.
The policy disqualifies individuals diagnosed with gender dysphoria or those who have undergone gender transition steps from military service, though waivers may be considered on a case-by-case basis. This reverses an Obama-era directive that had been reversed under Trump 1 and that was then reinstated by President Joe Biden, which permitted transgender individuals to serve openly.
The case at the center of the dispute, United States v. Shilling, involves Commander Emily Shilling. US District Judge Benjamin Settle had previously ruled that the ban likely violated the Fifth Amendment’s equal protection guarantee and lacked supporting evidence of harm caused by transgender service.
The Trump Administration argued that the courts must defer to the commander in chief’s authority and military’s determinations about readiness, lethality, and unit cohesion.
This decision reflects the Supreme Court’s long-standing deference to military policy, allowing actions within the armed forces that might be deemed unconstitutional in civilian contexts. Past precedents, including Goldman v. Weinberger and Rostker v. Goldberg, have upheld similar military-specific restrictions.
The Supreme Court’s order is not a final decision on the policy’s legality but does clear the way for its enforcement while lawsuits proceed in the lower courts. There are at least seven transgender service members who are suing to remain in the military.