The U.S. Supreme Court on Tuesday allowed President Donald Trump to enforce his controversial ban on transgender individuals serving in the military.
The high court granted an emergency request from the Trump administration, lifting a nationwide injunction that had previously blocked the policy while lower courts continue to hear challenges.
The Supreme Court's brief order did not provide an explanation but noted that the three liberal justices dissented, indicating a split among the justices on the issue.
This decision marks a setback for seven transgender service members, including Navy Commander Emily Shilling, who is leading the legal fight against the policy. They had argued that the ban is discriminatory and unconstitutional under the 14th Amendment, which guarantees equal protection under the law.
"An unprecedented degree of animus towards transgender people animates and permeates the ban: it is based on the shocking proposition that transgender people do not exist," their lawyers stated in court documents.
The ban, originally announced in February, targets individuals diagnosed with gender dysphoria or those who have undergone medical treatment for the condition. According to Solicitor General D. John Sauer, the policy "generally disqualifies from military service individuals who have gender dysphoria or have undergone medical interventions for gender dysphoria."
Sauer also argued that courts must show "substantial deference" to the Department of Defense in matters of military policy, citing a Pentagon report that claimed transgender individuals could harm "military effectiveness and lethality."
A similar nationwide block on the policy had also been issued by a federal judge in Washington, D.C., but was temporarily lifted by the U.S. Court of Appeals for the District of Columbia Circuit, which is still considering whether to reinstate the injunction.
Meanwhile, another judge in Washington state struck down the policy on March 27, saying "it is not an especially close question."
When the San Francisco-based 9th U.S. Circuit Court of Appeals declined to stay that ruling, the Trump administration appealed directly to the Supreme Court.
Joe Biden had previously reversed Trump's original transgender military ban upon taking office, but the new case concerns a broader policy adopted during Trump's second term.
