Trump’s Trans Military Ban Will Proceed, Following Supreme Court Ruling

Trump’s trans military ban has taken effect. 

According to The Guardian, more than 1,000 transgender service members are expected to be discharged immediately, with others given a 30-day window to self-identify. After that, the Department of Defense will review personnel and medical records to identify those who have not come forward voluntarily, who will then also face discharge. 

Supreme Court says trans ban can go ahead

The trans military ban was set out soon after Trump’s inauguration in January, but lawsuits had paused its enactment.

However, the United States Supreme Court on Tuesday ruled 6–3 in favour of allowing the Trump administration to enforce a ban on trans defence personnel while the legal challenges were ongoing. 

The decision lifts an earlier injunction, and permits the Department of Defense to immediately begin discharging transgender service members and preventing their enlistment.

Trans people unable of living “honourable, truthful, and disciplined” lives

The executive order signed by President Donald Trump asserts that “the Armed Forces have been afflicted with radical gender ideology” and that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.”

“A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member.”

It goes on to say that trans people are not physically or mentally fit for duty, and implies that their presence dilutes “the pursuit of military excellence” and represents an ideology harmful to unit cohesion.

Lower courts dismissed these justifications as discriminatory and unsupported by evidence. Appeals courts upheld this view. 

In their submission to the Supreme Court, the Department of Justice defended the policy by framing it as a medical restriction focused on “gender dysphoria” rather than a blanket ban on trans people. However, lawyers representing trans service members say the policy’s language is obviously biased and motivated by animus against trans people, regardless of their medical histories.

Thousands of people affected

No one is sure exactly how many trans and nonbinary people are serving in the military and reserve forces. As trans people are a very small percentage of the population, and many trans people prefer to be stealth, figures have ranged from 4240 to 15,000. While exact numbers are hard to come by, estimates suggest the policy would affect thousands of active and reservist service members. 

Several studies suggest transgender people may be over-represented in the military, enlisting at nearly double the rate of cisgender people. The U.S military offers access to healthcare, an escape from family, and a place for people to affirm or suppress feelings about their gender. A 2016 RAND Corporation study commissioned by the Pentagon found no evidence that the presence of openly trans people harmed military readiness or cohesion.
The Trump administration has faced sustained criticism from civil rights groups for targeting trans people across various federal policies. These include restrictions on transgender students’ participation in school sports, the removal of trans-related content from the Stonewall National Monument website, and executive orders targeting diversity and inclusion programs.

Organisations such as Lambda Legal and the Human Rights Campaign have filed lawsuits challenging the military ban and vowed to continue legal opposition.

In a joint statement, the two organisations said: “The military is harmed when discriminatory policies exclude qualified people from service simply because of who they are.”

Legal experts say the cases will likely continue through the courts for several years, leaving the future uncertain for thousands of transgender service members currently in uniform.