Federal Judge: Recruits That Identify as Transgender Must be Allowed to Serve in the Military

The decision dealt a blow to President Trump's military policy on those who identify as transgender.

By Nancy Flory Published on November 29, 2017

A federal judge reinforced her October ruling that recruits who identify as transgender must be allowed to serve in the military. The ruling takes effect on January 1, 2018.

Former president Barack Obama had changed the policy. President Trump had reversed his change. His new policy was to take effect next March. He had voiced concerns about military focus and medical costs. 

U.S. District Judge Colleen Kollar-Kotelly ruled that Defense Secretary James Mattis can’t delay the start, reported The Christian Post.

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A second judge, U.S. District Judge Marvin Garbis, ruled against it earlier this month. Garbis said that the ban lacked justification and “cannot possibly constitute a legitimate governmental interest.”

A Happy ACLU, Unhappy FRC

The ACLU cheered the courts’ decisions. “We’re pleased that the courts have stepped in to ensure that trans service members are treated with the dignity and respect they deserve,” ACLU attorney Joshua Block said.

Conservative groups objected. Family Research Council President Tony Perkins denounced the decisions as judicial activism. “The courts have moved beyond legislating on the invented rights of abortion and same-sex marriage to clearly usurping the constitutional authority of the executive branch.”

The Marine veteran noted that the president “has the primary task of protecting Americans.” The courts are “now telling the commander-in-chief how to run the military.

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  • Kevin Carr

    The “Judge” is out of line, is she the commander in chief now? I bet this screwball doesn’t have the slightest idea of how this decision affects readiness. The surgeries are costly and take place over periods of time, it renders them undeployable, and what of the constant hormone injections to keep them from reverting to form, the field hospitals will then have to add these to what they take with them (added expense), what of unit performing forward operations and these people cannot get their treatments? I thought when you join and organization, you conformed to it not it conforming to you. Ahh… the age of it is all about me.

  • meamsane

    Since it is the Congress who makes rules and regulations for the “land and naval forces” (Article 1; sec. 8 US Con) and since the President is the “Commander and Chief” of the armed forces (Article II; sec 2 US Con) how does the federal courts have jurisdiction to compel Transgenders into the service of the military?

    If I were Trump, I would send a letter to this Judge and ask how she plans on “executing” this opinion into action given that the courts have no executive powers to enforce their opinions other than the very Executive they are trying to compel?

    • Kevin Carr

      He should put it in her court and ask her to execute, she has no authority the military is bound to obey.

  • Jim Walker

    I agree to allow Trans to work in the administrative and non-combat divisions of the military.

    • Bryan

      I think the Marines in particular would take issue with that. From my experience, every Marine is a rifleman first and their MOS second.

    • Kevin Carr

      No, admin still can deploy, to combat zones, they would be non-deployable and more expensive. The military is not the place for social engineering.

  • tether

    So who is going to pay their extra medical expenses because it sure better not come out of our tax dollars?
    And I’d they are not able to perform their duties because of elective treatments then they should be dishonorably discharged immediately.

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