A federal judge on Friday ordered the
Trump administration to produce documents it used to implement its
ban on transgender troops.
U.S. District Judge Colleen
Kollar-Kotelly ordered the government to disclose information related
to the decision first announced by President Donald Trump in a July,
2017 tweet.
“Plaintiffs are entitled to complete
discovery,” Kollar-Kotelly wrote. “[D]espite the fact that one
of Defendants’ main defenses in this action is that their decisions
regarding transgender military service are owed great deference
because they are the product of reasoned deliberation, study and
review by the military, Defendants have withheld nearly all
information concerning this alleged deliberation. This is not how
civil litigation works. Defendants cannot prevent Plaintiffs from
obtaining the facts about a disputed issue and then expect to be
granted summary judgment on that issue.”
In the lawsuit, Doe v. Trump,
the National Center for Lesbian Rights (NCLR) and GLBTQ Advocates &
Defenders (GLAD) represent current and aspiring transgender service
members. It was the first of four lawsuits filed challenging the
ban.
“This is the third court to rule that
the government must produce documents to justify its decision to
exclude otherwise qualified transgender people from military
service,” Shannon Minter, legal director at NCLR, said in a
statement. “This administration is not above the law. Today's
ruling once again confirms that the government must obey the same
rules applied to other litigants in our nation's courts.”
Trump has claimed that the Obama
administration “failed to identify a sufficient basis” to end the
military ban – which was rolled back in June, 2016 – and he
ordered the Pentagon to reinstate the policy, arguing that
transgender people are a “disruption” to the military. Trump
said that he based his decision on the recommendation of Secretary of
Defense James Mattis, who formed a panel of military experts to study
the issue. Slate's Mark Joseph Stern reported that Vice
President Mike Pence and several Christian conservatives opposed to
LGBT rights played a leading role in the creation of the panel's
report.
(Related: Mike
Pence, Tony Perkins, Ryan Anderson helped craft report on Trump's
trans military ban.)