Case Against Trump’s Military Ban Will Proceed Even With Preliminary Injunction in Effect

By Shane Stahl • November 13, 2017 • 3:02 pm

On Saturday November 11, a federal judge issued a preliminary injunction in the case of Karnoski v. Trump, a challenge to the President’s ban on transgender people serving openly in the U.S. military. The Trump administration sought a stay in the case (delaying it from moving forward) due to a similar injunction in the case of Doe v. Trump.

The Doe case also challenges the administration’s military ban; the injunction issued in that case on October 30 temporarily halted the ban from moving forward. According to the legal teams at the National Center for Lesbian Rights and GLBTQ Advocates and Defenders, who brought the case, this will allow current transgender service members to continue serving openly and freely without the threat of being discharged.

President Trump’s ban rolls back existing protections for transgender service members. A 2016 order from the Department of Defense, issued after an extensive study, , allowed currently enlisted transgender soldiers to serve openly and recommended opening military service to transgender recruits. Since the initial announcement of the ban, many high-ranking former military leaders have voiced their opposition to it, including all three former Service Secretaries (Army, Navy, and Air Force). The military itself has studied the issue, and have concluded that there would be no effect on the morale, readiness, or effectiveness of units with transgender soldiers serving. Currently, there are approximately 15,000 transgender troops serving in the armed forces.

A hearing in the Karnoski case is currently scheduled for November 21. Follow that and all other cases regarding LGBTQ non-discrimination with our Litigation Tracker.

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