Updated May 7th 2025, 00:58 IST
Washington DC: The US Supreme Court has allowed President Donald Trump 's administration to enforce a ban on transgenders serving in the military while legal challenges proceed. The court's three liberal justices dissented, stating they would have kept the policy on hold. The top court's decision has led to a debate, with many questioning the rationale behind the ban.
Notably, after inauguration, Donald Trump had signed an executive order in January, claiming that the sexual identity of transgender service members "conflicts with a soldier's commitment to an honourable, truthful, and disciplined lifestyle, even in one's personal life" and is detrimental to military readiness. The US President's order directed the Department of Defense to issue guidance necessary for implementation within 30 days.
As per reports, thousands of transgenders serve in the military, representing less than 1% of active-duty personnel. The ban effectively disqualified them from service, leading to concerns about the impact on military morale. The rules the Defense Department wanted to enforce contain no exceptions, and the policy during Trump's first term and the one that has been blocked are considered "materially indistinguishable".
Meanwhile, the ban marked a big setback for the LGBTQ+ community and equality in the military. During his first term, Trump initially banned transgender troops, but President Joe Biden scrapped the policy when he took office. Now, with Trump's return to power, the ban has been reinstated, and the Supreme Court has allowed it to take effect.
According to information, lawyers for service members challenging the ban have been given a week to respond. Shannon Minter, legal director at the National Center for Lesbian Rights, expected a more specific order banning transgender military service, stating that Monday's executive order "feels more like a sort of symbolic statement". The legal battle is far from over, with many expecting further challenges and appeals.
In the meantime, the ban raised questions about military readiness and effectiveness. The studies have shown that allowing transgender individuals to serve openly does not negatively impact military performance. In fact, it promotes diversity, inclusivity, and unit cohesion. As per a group of experts, by excluding qualified service members based on their gender identity, the military may be compromising its own effectiveness.
Meanwhile, the Supreme Court's decision reflected the country's deep divisions on issues of equality and identity.
The Trump administration's efforts to ban transgender individuals from serving in the military have been met with resistance from the judiciary. Following President Trump's executive order in January 2025, Defense Secretary Pete Hegseth was tasked with revising the Pentagon's policy on transgender troops, effectively paving the way for a ban. However, three federal judges had previously ruled against such a ban, citing its discriminatory nature.
One notable case involved seven long-serving transgender military members, including Navy Commander Emily Shilling, a combat pilot with nearly 20 years of service and 60 missions under her belt in Iraq and Afghanistan. These individuals collectively hold over 70 medals for their 115 years of combined service. They argued that the ban would not only be insulting but also cause lasting damage to their careers and reputations.
Earlier, US District Court Judge Benjamin Settle, a Republican appointee of President George W Bush and former captain in the US Army Judge Advocate General Corps, ruled in favour of the transgender military members. He criticised the Trump administration for failing to provide a valid reason for the ban, especially considering transgender troops had served openly without issues over the past four years.
Published May 7th 2025, 00:06 IST