A federal district judge in Seattle requested more information Tuesday about the Pentagon’s newly released recommendations to ban most transgender troops from the military.
Active-duty military plaintiffs and President Trump’s Justice Department have a week to file new briefs on Defense Secretary Jim Mattis’ policy proposal before the court considers a final verdict on whether to strike down the new restrictions.
Trump called for an all-out ban of transgender troops last year but instead accepted Mattis’ recommendations to bar service by troops who have changed genders or been diagnosed with gender dysphoria, a conflict between a person’s assigned gender and their preferred gender.
“The court did have some questions and ordered more briefing to flesh it out but we’ll work swiftly to put that information before the court,” Natalie Nardecchia, a senior attorney for the Lambda Legal rights group, said during a press conference after the court hearing. “Although this might take a little bit longer than we’d hoped, we’re optimistic that the court will ultimately agree that this ban is unconstitutional, that it always has been.”
Plaintiffs in the Seattle case have asked for a summary judgment that could avoid a trial and hasten a ruling on the constitutionality of barring transgender service.
The Obama administration lifted a ban and instituted an open service policy in 2016, but Trump tweeted in July that medical treatment for transgender troops is too costly and they hamper military readiness.
Mattis’ policy recommendations, which were delivered to Trump last month, argue that gender dysphoria can prevent service members from performing their duties and that costly treatment options have not been proven to be effective. But the policy would allow hundreds of transgender troops who are currently serving and receiving medical care to remain in the military in their chosen gender.
Injunctions granted by the Seattle court and three other federal courts are for now blocking the Pentagon from moving forward with any new policy.
The Justice Department is asking the federal courts to dissolve the injunctions and refocus litigation on the newly released policy recommendations. If granted by the four federal courts, the Pentagon could potentially instate its proposed transgender personnel policy.
