‘The Transgender Service Member Ban Is Unconstitutional and Invalid on Its Face’
The ACLU is suing the Trump administration over the President’s decision to ban all transgender service members from the U.S. armed forces. On Thursday the ACLU filed a motion that says the ban is unconstitutional and asks the court to halt it immediately.
The civil rights group is representing six active-duty member of the military who are transgender. They represent over 55 years of service combined.Â
Thursday’s motion says the Trump ban violates their rights to due process, equal protection, and medical care.
“Men and women who are transgender should be allowed to serve their country rather than being exposed to this level of uncertainty and harm,†Joshua Block, senior staff attorney with the ACLU’s LGBT & HIV Project, says today on the organization’s website. “We’re confident that the courts will eventually strike down this unconstitutional ban. So we’re demanding a court order to prevent this shameful policy from ever being implemented.â€
The ACLU also notes the Defense Dept. “concluded in 2016 that there was no basis for the military to exclude transgender individuals from openly serving their country, subject to the same fitness requirements as other service members. This review process carefully considered and rejected the notion that medical costs, military readiness, or other factors presented any reason to discriminate against transgender individuals, many of whom had already been serving with honor in silence for years.”
SIGN OUR PETITION:Â Tell President Trump You Support Our Transgender Service Members and Oppose His New Ban
In Thursday’s court filing, the ACLU notes:
The Ban is not rationally related to military effectiveness.
The Ban is not rationally related to an interest in avoiding “tremendous costs†to the military.
President Trump’s Decision to Single Out Transgender Service Members Is Impermissibly Rooted in Animus and Moral Disapproval
And it concludes that Trump’s ban “is unconstitutional and invalid on its face, and the Court should enter a preliminary injunction prohibiting Defendants from implementing or enforcing it.”
Trump is also being sued separately by GLAD and NCLR.
RELATED STORIES:
Trump on His Transgender Ban: ‘I’m Doing a Lot of People a Favor’ (Video)
Trump Announced His Transgender Military Ban Just Days After Tony Perkins Asked Him for It
To comment on this article and other NCRM content, visit our Facebook page.
Image by Ted Eytan via Flickr and a CC license
If you find NCRM valuable, would you please consider making a donation to support our independent journalism?