Washington – The Supreme Court authorized President Donald Trump on Tuesday to implement his ban on transgender people who serve in the army.
The judges granted an emergency request from the Trump administration to raise a national injunction blocking politics while the dispute continues.
The brief ordinance of the Court noted that the three liberal judges dissident.
The decision is a loss for the seven transgender soldiers, led by the main plaintiff Emily Shilling, a commander of the navy, who had continued to block him.
“The decision of the Supreme Court today is a devastating blow for the transgender soldiers who have demonstrated their capacities and their commitment to the defense of our nation,” said Lambda Legal and Human Rights Campaign, two groups representing the complainants.
The policy “has nothing to do with military preparation and everything to do with prejudices,” added the groups.
In a separate case, a judge in Washington, DC, also blocked policy nationwide, but the American Court of Appeal for the Columbia district circuit suspended this decision temporarily while hearing arguments on the opportunity to block it more permanently. The court has not yet ruled.
Politics, announced in February, is a much more complete ban than a similar proposal implemented during the first term Trump. He generally “disqualifies military persons who suffer from gender dysphoria or who have undergone medical interventions for gender dysphoria,” said General Solicitor D. John Sauer in court documents.
By asking the Supreme Court to intervene, Sauer declared that the judges had to show “substantial deference” to the judgment of the Ministry of Defense on military issues.
When the policy is implemented, the government relied on a Pentagon report from the first term Trump that people with gender dysphoria are a threat to “military efficiency and lethality”.
The challenges argued before the court that the ban violates the 14th amendment of the Constitution, which requires that the laws also apply to everyone, as well as other constitutional provisions.
The members of the Transgender Service have shown in recent years that they could be used as well as anyone else, their lawyers said in court documents. The president of the time, Joe Biden, had retreated Trump’s previous restrictions.
“An unprecedented degree of animus towards transgender people animates and permeates the ban: it is based on the shocking proposal that transgender people do not exist,” the lawyers wrote.
A Washington Federal Judge blocked politics on March 27, saying: “This is not a particularly close question.” The 9th Circuit Court of Appeals, based in San Francisco, refused to suspend the decision, which prompted the Trump administration to turn to the Supreme Court.
