Transgender ban still on hold despite Supreme Court decision

Published January 23, 2019 11:51am ET



LEGAL LIMBO: Despite yesterday’s 5-4 Supreme Court decision clearing the way for the Pentagon to bar military service by most transgender individuals, the Pentagon said late yesterday that for now, at least, there will be no change in the current policy. That approach was formulated by a 2016 order from then-Defense Secretary Ash Carter, allowing transgender troops to serve openly.

“There is currently one court case with a national injunction still in place,” said Lt. Col. Carla Gleason, a Pentagon spokesperson. “We are currently accessing transgendered individuals per the Carter policy,” she said in an email. The Supreme Court’s unsigned order lifted injunctions on implementing the policy imposed by federal judges in California and Washington state.  There is still a stay on the rules pending a decision from a circuit court in Maryland, the Pentagon said.

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