Ninth Circuit Denies Trump Administration Transgender Military Ban

By Shane Stahl • July 18, 2018 • 7:37 pm

The U.S. Court of Appeals for the Ninth Circuit has denied another attempt by the Trump Administration to implement a ban on transgender people serving openly in the military, in the case of Karnoski v. Trump.

This latest development marks the seventh time that a federal court has prevented the ban’s implementation, calling into question its constitutionality and stating the intent of the ban is clearly discriminatory.

In Karnoski, the administration sought a stay in the delay of the proposed ban, crafted largely by Secretary of Defense James Mattis. In their ruling, the Ninth Circuit stated the stay requested by the government, “would upend, rather than preserve, the status quo.”

Trump announced his intention to bar transgender military service in July of 2016. After signing an executive order directing as such, our legal partners at the ACLU, Outserve-SLDN, Lambda Legal, and NCLR immediately filed lawsuits challenging the ban.

Following today’s victory, Outserve-SLDN Legal Director Peter Perkowski said:

”Every court ruling has been consistent and unequivocal: the ban on transgender military service is discrimination, no matter how it’s phrased and no matter the myriad ways the administration has tried to cloak its intent.”

Karnoski is set to go to trial in April of 2019. Read today’s ruling in full here.


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