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U.S. court bars Trump from reversing transgender troops policy

By Associated Press
FILE - In this Sunday, June 11, 2017 file photo, Equality March for Unity and Pride participants march past the White House in Washington. A federal court in Washington is barring President Donald Trump from changing the government's policy on military service by transgender people. (AP Photo/Carolyn Kaster) WX107

Associated Press

WASHINGTON — A federal judge on Monday barred President Donald Trump’s administration from proceeding with plans to exclude transgender people from military service.

U.S. District Judge Colleen Kollar-Kotelly ruled that the transgender service members who had sued over Trump’s policy were likely to win their lawsuit. She directed a return to the situation that existed before Trump announced his new policy this summer, saying the administration had provided no solid evidence for why a ban should be implemented.

Trump had ordered a reinstatement of the long-standing policy that barred transgender individuals from joining the military. Also, service members who were revealed to be transgender were subject to discharge. Under President Barack Obama, that policy was changed last year to allow transgender people to serve openly.

The Trump administration may appeal Kollar-Kotelly’s decision, but for now, the proposed ban remains unenforceable under the judge’s preliminary injunction.

"We disagree with the court’s ruling and are currently evaluating the next steps," said Justice Department spokeswoman Lauren Ehrsam.

One of the attorneys handling the lawsuit, Shannon Minter of the National Center for Lesbian Rights, said the ruling was an enormous relief to his clients.

"Their lives have been devastated since Trump first tweeted he was reinstating the ban," Minter said. "They are now able to serve on equal terms with everyone else."

The Pentagon has not released data on the number of transgender people currently serving, but a Rand Corp. study has estimated between 1,320 and 6,630, out of 1.3 million active-duty troops.

One issue not directly addressed in Monday’s ruling was whether federal funds should be used to pay for sexual reassignment surgeries for members of the military. The administration has sought to prohibit such payments; Kollar-Kotelly said she didn’t have jurisdiction to rule on the issue because none of the plaintiffs in the case established a likelihood of being impacted by that prohibition.

The lawsuit was filed in August by the National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders (GLAD) on behalf of eight transgender individuals, including service members in the Air Force, Coast Guard and the Army, as well as students at the U.S. Naval Academy and in the ROTC program at the University of New Haven.

The Justice Department, in seeking the lawsuit’s dismissal, said none of the plaintiffs had established that they will be impacted by current policies on military service.

The two advocacy groups who filed the lawsuit assailed that assertion. They highlighted the uncertainty facing Regan Kibby, the transgender Naval Academy student who — because of Trump’s action — was unsure whether he would be able to join the Navy on graduation.

Kollar-Kotelly said the plaintiffs clearly established that they would be harmed by the administration’s directives.

The directives "do not appear to be supported by any facts," the judge wrote.