A U.S. Court decided on Monday that the administration of President Donald Trump will not be allowed to enforce s policy that would ban some transgendered individuals from serving in the United States military. The ruling is the second of its kind by an American court since the policy was introduced by the administration in March.
The announcement was made by President Trump on March 23 that he would support a plan proposed by Secretary of Defense Jim Mattis that would disallow military service of transgendered individuals that are diagnosed with gender dysphoria. This distinction replaces a previous ban to all transgendered people that was announced by the president via Twitter and said to be due to increased medical costs and reduced military focus that result from their service.
Judge Colleen Kollar-Kotelly, of the United States District Court in Washington, refused a request by the administration to consider lifting an injunction she previously issued against the Trump ban.
A similar ruling occurred in Seattle last April when another federal judged refused to allow the president’s ban to go into effect. The administration has appealed this ban to the Court of Appeals in the 9th District.
The argument made by Trump and his administration is that the updated ban no longer constitutes a categorical ban on all transgendered individuals wishing to serve the nation’s military.
Kollar-Kotelly expressed her disagreement with this assertion in her opinion in which she says the president’s ban does effectively amount to a categorical ban by making proxies of the transgendered status its focal point. The judge also singled out an aspect of the president’s policy that seeks to have all individuals serving the military to serve in the capacity of their ‘biological sex.’
Gender dysphoria is defined by the American Psychiatric Association as ‘clinically significant distress’ resulting from an individual’s conflict with their gender identity and their birth sex. The association holds the view that not all transgendered people are suffering from gender dysphoria.
The ruling on Monday stems from a lawsuit filed on behalf of several current members of the armed forces as well as aspiring service members. Kollar-Kotelly ruled in the original proceedings that the ban violates the Constitutional provision that all citizens are to be guaranteed equal protection under the law.
A trio of other judges has also demonstrated their disagreement with the ban which has forced the U.S. military to allow openly transgendered personnel within its ranks.