GLBTQ Legal Advocates & Defenders (GLAD) and the National Center for Lesbian Rights (NCLR) represent plaintiffs in both Doe and Stockman
and were the first to challenge the ban. The plaintiffs in these cases
argue that Supreme Court review is premature and that the administration
has shown no urgency to justify bypassing the normal appeals process.
“The
Trump administration's relentless attacks on transgender troops,
including those who are currently deployed overseas, are appalling and
legally baseless,” said Shannon Minter, NCLR Legal Director. “The
Trump administration has demonstrated no urgency that would justify
leapfrogging the normal appellate process, and the military's own
account shows no problems that need to be addressed. By the military’s
own account, inclusion of transgender servicemembers makes our military
stronger.”
“The
Trump administration is trying to do an end run around the normal
review process in order to implement a cruel and baseless ban that
destabilizes and weakens our military,” said GLAD Transgender Rights Project Director Jennifer Levi.
“At this moment when it is more important than ever to maintain the
strength of core American institutions, it is vital that the Supreme
Court maintain the integrity of the judicial process and deny the
government’s request.”
“Around
the world, thousands of brave transgender service members are away from
their families during the holiday season, serving our country with
honor,” said Rick Zbur, Executive Director of Equality California which brought the Stockman case on behalf its members.
“But instead of thanking them for their service, President Trump is
begging the Supreme Court to let his Administration discriminate against
them. It’s indefensible.”
In
all four cases challenging the transgender military ban, federal courts
have halted enforcement of the ban while the cases proceed. The
government has contested those orders, which are now being reviewed by
two federal courts of appeal. The D.C. Circuit Court of Appeals heard
arguments December 10 in Doe and the Ninth Circuit heard arguments in October in Karnoski. The appeal in Stockman is on hold pending a decision in Karnoski.
If
the Supreme Court were to grant the administration’s request for early
review, it would consider the cases this term. The administration has
also asked the Court to allow the ban to go into effect right away even
if the Court declines to review the cases this term. Plaintiffs will
file their opposition to that request on Friday, December 28.
For
more information, go to NCLR and GLAD’s website outlining the history
and status of the Trump-Pence transgender military ban at https://notransmilitaryban. org/.
NCLR and GLAD have been at the center of the legal fight challenging the Trump-Pence transgender military ban since filing Doe v. Trump, the first of the four cases filed against the ban, on August 9, 2017.