Court: Military must take transgender service members by January 1

Federal judge: military must allow transgender recruits starting on January 1

Near the end of October 2017, a federal court blocked U.S. President Donald Trump's ban on transgender military members because Trump failed to show how doing so would further any compelling government interest. On that day, US District Court Judge Colleen Kollar-Kotelly of the District of Columbia issued a preliminary injunction blocking President Trump's ban on transgender people serving in the US military, originally announced over Twitter on July 26, from going into effect.

Kollar-Kotelly's memo comes less than a week after a second U.S. court blocked the ban for violating both the U.S. Constitution's equal protection clause and the guaranteed rights of service members to recieve medical care.

The request from the Justice Department last week asserts Kollar-Kotelly couldn't have meant her order bars Defense Secretary James Mattis from extending his delay on transgender accessions beyond the January 1 target date because plaintiffs "only sought prospective relief to enjoin the secretary from implementing the president's memorandum", which was a measure subsequent to Mattis' memo. In that memo, Mattis set the new enlistment deadline to January 1, 2018.

In the ruling Monday, Kollar-Kotelly clarified Mattis can't delay the date further and the military must continue to follow the Obama administration's transgender recruiting policies by January 1, 2018.

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In her ruling in October, Kollar-Kotelly said the ban of transgender people in the military was "disapproval of transgender people generally".

"A$3 ny action by any of the defendants that changes this status quo is preliminarily enjoined", Kollar-Kotelly wrote.

Today's order and her previous injunction came in the case of Doe v. Trump, a suit filed in August by the National Center for Lesbian Rights and GLBTQ Advocates and Defenders on behalf of trans service members and trans people enrolled in academic military training programs.

According to the New York Times, the judge said the justification of the Trump administration for the ban was likely unconstitutional.

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On July 1, Defense Secretary James Mattis pushed back the date on which trans people could enrol in the military.

A federal court ruled Monday that the USA military must move forward with plans to allow transgender recruits by the beginning of 2018.

That judge, Marvin Garbis, said that a "capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy change". The second injunction was issued Monday to clarify that the Department of Defense can not defer the January 1 deadline for allowing enlistment any further, according to court documents.

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