Sarah Toce
The United States Supreme Court Tuesday granted the Trump Administration’s request to stay the preliminary injunction that had blocked enforcement of Trump’s executive order barring transgender people from enlisting or continuing to serve openly in the military.
The order in Shilling v. Trump lifts the nationwide injunction, allowing the administration’s policy to take immediate effect while legal challenges proceed.
Lambda Legal and Human Rights Campaign Foundation responded with the following statement:
“Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense. By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice. Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”
On March 27, Lambda Legal and Human Rights Campaign Foundation secured 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 military. The nationwide injunction applies to not only the lawsuit’s plaintiffs but also any similarly situated individual including servicemembers serving outside the United States.
On March 28, the Trump Administration filed an emergency motion with the U.S. Court of Appeals for the Ninth Circuit seeking to stay the preliminary injunction, which was denied on April 18. The Trump Administration subsequently filed an emergency application with the Supreme Court on April 24 to stay the preliminary injunction in order to implement the executive order from the Supreme Court. Lambda Legal and HRCF submitted a response on May 1 urging the Court to reject this request.
