The U.S. Court of Appeals on Monday rejected the Trump administration’s request to suspend a lower court’s ruling that temporarily blocked the ban on transgender military members. This is a short-term blow as the administration could possibly appeal to the Supreme Court.
A three-person judge panel in the 9th Circuit Court of Appeals denied the administrative request for stay.
Instead, the Court of Appeals’ decision leaves for now in place a preliminary injunction taken over later last month by US District Judge Benjamin Settle. That decision prevented the Trump administration from identifying and removing recent transgender service members while the lawsuit progresses in lower courts.
A Justice Department spokesman told Fox News Digital, “The Justice Department will vehemently defend and continue President Trump’s enforcement actions, including prioritizing military excellence and the order to continue preparation,” he said.
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The Trump administration has sought to ban transgender people from serving the US military, but the move has now been postponed in court. (Getty Images)
The Trump administration filed its appeal last week in the Ninth Circuit, attempting to overturn Judge Settle’s interim injunction.
In a court application, the government argued that transgender military policies “foster important government concerns avoiding military preparation, unit unit cohesion, smoothness, discipline and unbalanced costs.”
However, this policy already faces a wave of early legal challenges.
Settle, based in Tacoma, Washington, is not the only federal judge to block the Trump administration’s transgender military ban this year. Last month, US District Judge Anna Reyes temporarily blocked Trump’s ban, citing her describing her as a lack of evidence to support the administration’s stated basis for policy.
Reyes vehemently fought over the government’s claim that being transgender “is not consistent with the humility and selflessness necessary for service members.”
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US District Judge Ana Reyes testified before the Senate Judiciary Committee on Capitol Hill before confirming with the US District Court. (Sarasilviger/Reuters)
Reyes pointed out in a poignant 79-page ruling that transgender service members are deployed around the world, with the total “over 130 years of military service” being offered in the currently active combat zone “over 130 years of military service,” and have won more than 80 awards and medals for their services.
However, a three-person judge panel in the U.S. DC Court of Appeals Court was defeated by Reyes’ order.
Still, the judge stressed that stays “should never be interpreted as a merit ruling.” The panel also said it reserves the right to reconsider its administrative stay if it is found that the military has acted unfavourable against passenger service members.
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President Donald Trump ordered a ban on the issue shortly after he took office on an executive order in January. The order “adopts gender identity that contradicts an individual’s sexual conflict with a soldier’s commitment to an honorable, true, and disciplined lifestyle, even in the individual’s personal life” – the plaintiffs actively contested.
This case is one of many likely to be kicked out to the Supreme Court.
Breanne Deppisch is a political reporter for Fox News Digital, covering the Trump administration, focusing on the Department of Justice, the FBI and other national news.
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