Differing with other courts, D.C. Circuit refuses to block limits on transgender people in military

Military Law


A federal appeals court has dissolved an injunction that had blocked President Donald Trump’s limits on transgender people serving in the military.

The U.S. Court of Appeals for the D.C. Circuit is the first court to side with the Trump administration on the issue, report Think Progress and the Washington Post. Other court injunctions continue to prevent implementation of the limits.

In the unpublished decision issued Friday, the D.C. Circuit noted that the judgments of military leaders are entitled to deference.

The court also identified two errors by the district court when it kept the injunction in place.

The lower court said the policy approved by Trump in March 2018 differed from the plan first laid out in a 2017 presidential memorandum. The injunction had applied to the earlier policy, and the federal trial court was wrong when it concluded the March 2018 policy was merely a continuation of the enjoined policy, the D.C. Circuit said.

The government “took substantial steps to cure the procedural deficiencies” in the enjoined memorandum when it created an expert panel, considered new evidence and reassessed priorities, the appeals court said.

The appeals court also said the district court had wrongly concluded the March 2018 policy amounted to a blanket ban on transgender service members.

The newer policy generally bans people from the military with a diagnosis of gender dysphoria who require medical treatment to change their gender. Also banned from the military are transgender people who have undergone gender transition.

READ  Nelson Mullins announces merger with Broad and Cassel that will result in a ‘super-regional’ firm

But transgender people without a history or diagnosis of gender dysphoria who are otherwise qualified for service may serve “in their biological sex.”

The new policy also includes a “reliance exemption” that will allow at least some transgender service members to continue to serve and receive gender transition-related medical care, the appeals court said.

The case is Jane Doe 2 v. Shanahan.

Be Sociable, Share!

Follow Us!

Author: Edward Lott

Edward Lott, Ph.D., M.B.A. is President and Managing Partner of Allentown-based ForLawFirmsOnly Marketing, Inc., a local search and digital marketing agency that offers clients lead generation, local seo and Google Maps Domination. Ed has been a digital entrepreneur since 1994, having discovered very early the opportunities the Internet offered. After having spent over two decades helping attorneys grow their practice, Ed joined the staff of ForLawFirmsOnly Marketing as President and Managing Partner, where he is expanding the agency’s cutting-edge services to the legal market. A true marketing futurist, Ed's vast experience working directly with attorneys has given him a unique perspective on law firm marketing not found in many other digital marketing agencies. Ed has reshaped the offerings of ForLawFirmsOnly to focus on growing law firms through a holistic approach to digital marketing evident in the reformulated lead generation processes now in place. Want to learn more about ForLawFirmsOnly Marketing, their lead generation programs, or just talk to Ed about his visions for helping law firms grow? Call him at 855-943-8736.

Scroll Up