The Department of Justice has
voluntarily withdrawn appeals in three cases in which the Pentagon
was ordered to allow transgender recruits starting on Monday, January
1.
The Justice Department sought to delay
the start date, but three district courts and two appeals courts
refused to grant stays.
Judges in four cases challenging
President Donald Trump's ban on transgender troops have unanimously
ruled against implementation of the president's policy. On Friday,
the department announced it would not ask the U.S. Supreme Court to
intervene and the Pentagon confirmed that the military will, as of
Monday, allow qualified transgender individuals to enlist in the
military.
A DOJ official told the Washington
Blade that it would continue to litigate the matter after the
Pentagon releases its study on transgender service.
“The Department of Defense [DOD] has
announced that it will be releasing an independent study of these
issues in the coming weeks,” the
official said. “So rather than litigate this interim appeal
before that occurs, the administration has decided to wait for DOD's
study and will continue to defend the president's and secretary of
defense's lawful authority in district court in the meantime.”
In July, Trump tweeted his call for a
complete ban on transgender troops. Roughly a month later, the White
House issued guidance on implementing Trump's ban, in which Trump
claims that the Obama administration “failed to identity a
sufficient basis” to end the military ban – which was rolled back
in June, 2016 – and orders the Pentagon to reinstate the policy,
arguing that transgender people are a “disruption” to the
military.
Shannon Minter, legal director at the
National Center for Lesbian Rights (NCLR), one of the groups fighting
the ban, called the announcement a “great news for transgender
troops, transgender military academy and ROTC students, and
transgender people who have been waiting to enlist.”
“Transgender people are part of this
country, and their willingness to take on the hardships and
sacrifices of military service should be honored, not banned,”
Minter said in a statement.