Two courts on Friday ruled against
President Donald Trump's ban on transgender troops.
The District Court for the Central
District of California became the fourth court to issue a nationwide
preliminary injunction against the president's ban. The first such
order was issued on October 30 in Doe v. Trump.
“Finding the Plaintiffs have
established injury-in-fact as it pertains to the Accession,
Retention, and Sex Reassignment Surgery Directives, and finding this
case ripe for adjudication, the Court DENIES Defendants' Motion to
Dismiss,” the court wrote. “Additionally … the Court GRANTS
Plaintiffs' Motion for Preliminary Injunction.”
Plaintiffs in the case, titled Stockman
v. Trump, are three unnamed active-duty transgender service
members serving in the United States Army and Air Force and four
named individuals, three of whom wish to join the military but
cannot, and Jaquice Tate, a 27-year-old active-duty member of the
Army. Additional plaintiffs include Equality California and the
state of California.
Plaintiffs are represented by the
National Center for Lesbian Rights (NCLR), GLBTQ Legal Advocates &
Defenders (GLAD) and Latham & Watkins LLP.
“Today is a significant victory for
transgender service members across the country,” Rick Zbur,
Equality California executive director, said in a statement. “We
thank our brave plaintiffs, our lawyers at the National Center for
Lesbian Rights (NCLR), GLBTQ Legal Advocates & Defenders (GLAD)
and Latham & Watkins LLP, and Attorney General Xavier Becerra for
this win. This ruling along with the others in similar cases affirms
the fact that transgender troops deserve to be treated with honor,
dignity and respect.”
Also on Friday, the U.S. Circuit Court
of Appeals for the D.C. Circuit became the second federal appeals
court to deny the Department of Justice's request to extend the delay
on transgender military recruits beyond January 1.
The three-judge panel noted that
transgender individuals are “already serving openly in the
military.”
“It must be remembered that all
plaintiffs seek during this litigation is to serve their nation with
honor and dignity, volunteering to face extreme hardships, to endure
lengthy deployments and separation from family and friends, and to
willingly make the ultimate sacrifice of their lives if necessary to
protect the nation, the people of the United States, and the
Constitution against all who would attack them,” the court wrote.
U.S. District Judge Colleen
Kollar-Kotelly was the first judge to largely block Trump's ban. The
Justice Department appealed the decision and sought a stay on her
January 1 deadline for the military to begin accepting transgender
recruits.
NCLR and GLAD are also involved in this
case.
“Since President Trump’s
destructive order to ban transgender people from military service,
military leaders and experts are speaking out to support transgender
troops,” NCLR legal director Shannon Minter said. “Experience has
shown that allowing qualified transgender candidates to serve
strengthens our military and our country. We cannot allow this
administration to demean dedicated service members and weaken our
military based on false stereotypes and irrational bias.”