The U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments today in Doe v. Trump—the first legal challenge filed in opposition to Trump’s transgender military ban—brought by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD). GLAD Transgender Rights Project Director Jennifer Levi presented arguments on behalf of plaintiffs, urging the court to keep Doe’s preliminary injunction in place, which prevents implementation of Trump’s transgender military ban while the case is being heard in court.
There are four lawsuits challenging the ban, and all four federal judges in these cases have issued nationwide preliminary injunctions blocking it. In issuing those orders, the courts each determined that the plaintiffs challenging the ban—including current servicemembers, ROTC, military academy students, and enlistees—would likely prevail on their claim that the ban violates their constitutional guarantee of equal protection. Today’s argument concerned the government’s appeal of D.C. federal district court judge Colleen Kollar-Kotelly’s forceful denial of its request to dissolve her injunction after the administration released its implementation plan for the ban in March. Judge Kollar-Kotelly reiterated her finding that there has been no change in circumstances to invalidate the injunction in a November 30 ruling denying the government’s subsequent request for a stay while the Supreme Court considers its application for cert before judgment.
“The government is playing word games by arguing that transgender people can serve in their birth sex. That is a contradiction in terms,” said GLAD Transgender Rights Project Director Jennifer Levi.“ This is not a game. What’s at stake here is the lives of dedicated servicemembers, who are willing and able to serve—and are prepared to make the ultimate sacrifice for their country.”
“Throughout this case, I have been privileged to meet and represent courageous young people who want nothing more than to meet the military’s high standards and to serve their country,” said NCLR Legal Director Shannon Minter. “Instead, they have been swept up in a discriminatory political firestorm that has nothing to do with either what’s best for the military or their ability to serve. Their futures and who we are as a country are at stake.”
