Federal Court Denies the Trump Administration’s Request to Stay the Injunction Blocking Its Ban on Transgender Military Servicemembers

by Aryn Fields

The 9th Circuit Court of Appeals today denied the Department of Defense’s motion to stay the preliminary injunction that blocks enforcement of the Trump administration’s executive order banning transgender people from enlisting or continuing to serve in the United States Armed Forces. This decision means that the nationwide preliminary injunction issued in Shilling v. Trump remains in place, keeping transgender servicemembers in the military while the litigation continues.

The Human Rights Campaign Foundation and Lambda Legal issued the following statement: 

"The court's denial today recognized that the government is not harmed when transgender servicemembers, who meet the same standards as their peers, are able to serve. To the contrary, the military is harmed when discriminatory policies exclude qualified people from service simply because of who they are."

On March 28, the Human Rights Campaign Foundation (HRCF) and Lambda Legal won a preliminary injunction that immediately blocked enforcement of the Trump administration’s executive order banning transgender people from enlisting or continuing to serve in the United States Armed Forces. The nationwide injunction applies to not only the lawsuit’s plaintiffs but also any similarity situated individual including servicemembers serving outside the United States.

In February, Lambda Legal and HRCF filed a federal lawsuit challenging the constitutionality of the Trump administration’s ban on military service by transgender people. The lawsuit was filed on behalf of seven actively serving transgender service members, a transgender person seeking to enlist in the military, and Gender Justice League, a civil and human rights organization headquartered in Seattle. 

On February 19, Lambda Legal and HRCF asked the District Court to block the implementation of the executive order. 

On March 25, HRCF and Lambda Legal went to court in Tacoma, Washington to urge the District Court to block enforcement of the Trump administration’s Transgender Military Ban. 

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