THEIR VIEW: Supreme Court makes bad call

Published on Friday, 8 February 2019 18:53
Written by The Washington Post


For almost two years, transgender men and women have been allowed to openly serve in the military. There have been no problems; “precisely zero” were the exact words last April of Army Chief of Staff Mark Milley. Hundreds of transgender troops have been deployed without incident to combat zones. Commanders have singled out transgender troops for praise. Despite the success of this inclusive policy, the Trump administration has not abandoned its efforts to restrict military service by transgender men and women. Sadly, it got a boost from the Supreme Court. We hope that triumph will be just temporary, but already there has been damage done to the country and the patriotic transgender Americans who want to serve it.The Supreme Court last month gave the Trump administration the go-ahead to impose its misguided ban on transgender service members while court challenges to the validity of the policy continue. The 5-to-4 decision lifted injunctions from lower courts that for more than a year prevented the Pentagon from implementing the “Mattis plan” issued by then-Defense Secretary Jim Mattis at President Donald Trump’s instigation. That would ban most transgender men and women from enlisting in the military. The Defense Department, while awaiting the anticipated removal of a third injunction, said it was pleased with the court’s decision and stands ready to implement it once the final legal hurdle is cleared.

Exact details of what will occur remain uncertain. What seems sure is that transgender individuals who have undergone a sex transition or are seeking to transition from their biological gender will be barred. Those who agree to serve for the duration in accordance with their biological gender may be tolerated - in a cruel reprise of the failed “don’t ask, don’t tell” policy once applied to gay service members.

The Supreme Court provided no explanation for its decision. Its split along the court’s conservative and liberal fault lines. Fortunately, the court refused the administration’s bid for an immediate final decision, so the appeals will continue in lower courts.

-The Washington Post

Posted in The Bristol Press, Editorials on Friday, 8 February 2019 18:53. Updated: Friday, 8 February 2019 18:55.