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The Supreme Court ruled on Tuesday (May 6) that banning transgender men and women from serving in the armed forces is legal without releasing their reasoning. That is common when SCOTUS rules on an emergency appeal to the court. The case concerns an executive order signed on Trump’s first day back in office.
The ruling was unsigned. Justices Ketanji Brown Jackson, Elena Kagan and Sonia Sotomayor dissented but also offered no explanation.
Lower courts had sided with the Biden administration’s order allowing trans people to serve in the military. But today’s court ruling lifts the injunction placed on Trump’s executive order and allows the administration to immediately begin dismissing transgender service members.
In a joint statement, Lambda Legal and the Human Rights Campaign said, “Today’s Supreme Court ruling is a devastating blow to transgender service members 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.”
LGBTQ Victory Fund wrote, “This isn’t about military readiness. It’s about fear. It’s about hate. And it’s about erasing trans people from public life, one cruel policy at a time.”
“The Supreme Court’s decision to allow the military ban to go into effect is devastating for the thousands of qualified transgender servicemembers who have met the standards and are serving honorably, putting their lives on the line for their country every single day,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Today’s decision only adds to the chaos and destruction caused by this administration. It’s not the end of the case, but the havoc it will wreak is devastating and irreparable. History will confirm the weight of the injustice done today.”
GLAAD’ President and CEO Sarah Kate Ellis said, “Today’s news is a disgrace for all Americans, especially transgender service members who have been serving openly and honorably for many years. Allowing this discriminatory ban to go into effect is out of step with the views of the American people, compromises military readiness, and will make America less safe.
“America’s brave service members and their families deserve to be treated with dignity and respect.”
— David Taffet