The court also said that the plan made by Secretary Mattis is not blanket and does allow some transgendered persons to join the military.
A federal appeals court on Friday overturned a lower court’s ruling blocking President Trump’s ban on transgender people serving in the military from taking effect.
The ruling hands Trump a win in a case that has seen several courts block the policy. But the policy still cannot take effect because of those other injunctions, which applied nationwide.
“Although today’s decision is not a final determination on the merits, we must recognize that the Mattis Plan plausibly relies upon the ‘considered professional judgment’ of ‘appropriate military officials’ ... and appears to permit some transgender individuals to serve in the military consistent with established military mental health, physical health, and sex-based standards,” wrote a three-judge panel on the U.S. Court of Appeals for the District of Columbia Circuit.
“In light of the substantial constitutional arguments and the apparent showing that the policy accommodates at least some of plaintiffs’ interests, we think that the public interest weighs in favor of dissolving the injunction.”