The court is allowing the ban to be enforced while litigation continues in lower courts. The ban will allow soldiers to serve in their biological sex even if they do have some type of gender dysphoria.
The Supreme Court announced Tuesday that it will allow President Donald Trump to temporarily enforce restrictions on transgender individuals serving in the military.
As is typical of orders of this nature, the Court gave no reason for its decision, though Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan noted their dissent.
The Trump administration first petitioned the Supreme Court to decide directly on the legality of the trans-soldiers ban, after federal trial judges in California, Washington, D.C., and Washington state issued orders prohibiting its enforcement. The plaintiffs in those lawsuits argue the policy violates a range of constitutional rights including the First Amendment, equal protection, and due process.
The government said the Court’s intervention was necessary because the lower court decision “require the military to maintain a policy that, in its own professional judgment, risks undermining readiness, disrupting unit cohesion, and weakening military effectiveness and lethality.”