This article is from the source 'bbc' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at https://www.bbc.co.uk/news/world-us-canada-46963426
The article has changed 9 times. There is an RSS feed of changes available.
| Version 6 | Version 7 |
|---|---|
| US Supreme Court allows Trump military transgender ban | US Supreme Court allows Trump military transgender ban |
| (35 minutes later) | |
| The United States Supreme Court has allowed President Donald Trump to enforce his policy of banning certain transgender people from the military. | The United States Supreme Court has allowed President Donald Trump to enforce his policy of banning certain transgender people from the military. |
| The court voted 5-4 to grant a Trump administration request to lift injunctions blocking the policy while challenges continue in lower courts. | The court voted 5-4 to grant a Trump administration request to lift injunctions blocking the policy while challenges continue in lower courts. |
| The four liberal judges on the court opposed the ruling. | The four liberal judges on the court opposed the ruling. |
| The policy prohibits "transgender persons who require or have undergone gender transition" from serving. | The policy prohibits "transgender persons who require or have undergone gender transition" from serving. |
| The top court's ruling is not a mandate, but it has opened up the option for the military to enforce the ban. | The top court's ruling is not a mandate, but it has opened up the option for the military to enforce the ban. |
| The Trump administration had also appealed for an expedited ruling on the case, which the Supreme Court declined to take up. | The Trump administration had also appealed for an expedited ruling on the case, which the Supreme Court declined to take up. |
| What is the transgender policy? | What is the transgender policy? |
| The president announced on Twitter in 2017 that the country would no longer "accept or allow" transgender Americans to serve in the military, citing "tremendous medical costs and disruption". | The president announced on Twitter in 2017 that the country would no longer "accept or allow" transgender Americans to serve in the military, citing "tremendous medical costs and disruption". |
| The then defence secretary Jim Mattis refined the policy to limit it to individuals with a history of gender dysphoria, or when a person's biological sex and identity does not match. | The then defence secretary Jim Mattis refined the policy to limit it to individuals with a history of gender dysphoria, or when a person's biological sex and identity does not match. |
| He said the new policy would make exceptions for several hundred transgender people already serving openly or willing to serve "in their biological sex". | He said the new policy would make exceptions for several hundred transgender people already serving openly or willing to serve "in their biological sex". |
| There are currently some 8,980 active duty transgender troops, according to Department of Defence data analysed by the Palm Center, a public policy nonprofit. | There are currently some 8,980 active duty transgender troops, according to Department of Defence data analysed by the Palm Center, a public policy nonprofit. |
| Gen Mattis in his memo argued that "by its very nature, military service requires sacrifice," and that those who serve "voluntarily accept limitations on their personal liberties". | Gen Mattis in his memo argued that "by its very nature, military service requires sacrifice," and that those who serve "voluntarily accept limitations on their personal liberties". |
| The move is a reversal of an Obama administration policy that ruled transgender Americans could serve openly in the military as well as obtain funding for gender re-assignment surgery. | The move is a reversal of an Obama administration policy that ruled transgender Americans could serve openly in the military as well as obtain funding for gender re-assignment surgery. |
| Aaron Belkin, director of the Palm Center, told the BBC: "We had an inclusive policy for almost three years. What today's ruling enables is the whipsawing of policy, back and forth." | |
| The battle continues | The battle continues |
| This is just one Supreme Court action - and it's a procedural move, not a formal court opinion - but it may be a sign that a conservative majority sympathetic to presidential powers and prerogatives is flexing its muscles. | This is just one Supreme Court action - and it's a procedural move, not a formal court opinion - but it may be a sign that a conservative majority sympathetic to presidential powers and prerogatives is flexing its muscles. |
| The Trump administration, frustrated that lower-court judges had again blocked implementation of one of its policy decisions, asked the justices to step in and clear the path. | The Trump administration, frustrated that lower-court judges had again blocked implementation of one of its policy decisions, asked the justices to step in and clear the path. |
| The White House wanted a quick ruling because, it said, allowing transgender individuals to serve in the military presented "too great a risk to military effectiveness". | The White House wanted a quick ruling because, it said, allowing transgender individuals to serve in the military presented "too great a risk to military effectiveness". |
| By a bare majority, the court complied. | By a bare majority, the court complied. |
| Although the justices did not entirely bypass the Ninth Circuit Court of Appeals, which the president has tried to paint as a bastion of liberal judges, they did the next best thing for the president. | Although the justices did not entirely bypass the Ninth Circuit Court of Appeals, which the president has tried to paint as a bastion of liberal judges, they did the next best thing for the president. |
| They permitted the transgender ban to go into effect while the legal fight, which could last years, grinds on. | They permitted the transgender ban to go into effect while the legal fight, which could last years, grinds on. |
| For the past two years, the president's opponents - locked out of national power until recently - have looked to the judicial system as a last line of defence. | For the past two years, the president's opponents - locked out of national power until recently - have looked to the judicial system as a last line of defence. |
| As Tuesday clearly showed, however, those defences are only as strong as a majority of the Supreme Court says they are. | As Tuesday clearly showed, however, those defences are only as strong as a majority of the Supreme Court says they are. |
| What are the legal challenges? | What are the legal challenges? |
| Several trial judges around the country had issued injunctions blocking the ban. | Several trial judges around the country had issued injunctions blocking the ban. |
| One injunction was reversed in a federal appeals court earlier this month, with a three-judge panel ruling the policy was not a "blanket ban" on transgender troops, and so the courts should defer to the executive branch's military decisions. | One injunction was reversed in a federal appeals court earlier this month, with a three-judge panel ruling the policy was not a "blanket ban" on transgender troops, and so the courts should defer to the executive branch's military decisions. |
| While Mr Trump's rationale for banning transgender troops was financial, according to estimates by the RAND Corporation, a policy think tank working with the US Armed Forces, transition-related healthcare costs are between $2.4m (£1.8m) and $8.4m per year. | While Mr Trump's rationale for banning transgender troops was financial, according to estimates by the RAND Corporation, a policy think tank working with the US Armed Forces, transition-related healthcare costs are between $2.4m (£1.8m) and $8.4m per year. |
| In 2017, defence data viewed by the Palm Center indicates that cost was in fact lower, at $2.2m. | In 2017, defence data viewed by the Palm Center indicates that cost was in fact lower, at $2.2m. |
| Solicitor General Noel Francisco had described the transgender ban in his fast-track appeal as "an issue of imperative public importance" regarding the military's authority "to determine who may serve". | Solicitor General Noel Francisco had described the transgender ban in his fast-track appeal as "an issue of imperative public importance" regarding the military's authority "to determine who may serve". |
| Mr Franscisco acknowledged the RAND figures in the appeal, but argued "the realities associated with service by transgender individuals are more complicated than the prior administration or RAND had assumed". | Mr Franscisco acknowledged the RAND figures in the appeal, but argued "the realities associated with service by transgender individuals are more complicated than the prior administration or RAND had assumed". |
| Mr Belkin told the BBC: "This is not a financial issue, it's not a disruption issue - it's an issue of emotion, tolerance and politics." | |
| "The Chiefs of the Army and Navy, Air Force, Marines and Coast Guard all testified in Congress that inclusive policy has been a success and that there have been 'zero problems'," Mr Belkin says. | |
| The Supreme Court "had no business weighing in" at this point, he added. | |
| "Not only is there no policy emergency, but there is not even a policy problem." | |
| What is reaction? | What is reaction? |
| Pentagon spokeswoman Lt Col Carla Gleason said in a statement that the military treats "all transgender persons with respect and dignity" and the new policy was "based on professional military judgement". | Pentagon spokeswoman Lt Col Carla Gleason said in a statement that the military treats "all transgender persons with respect and dignity" and the new policy was "based on professional military judgement". |
| She said the "proposed policy is NOT a ban on service by transgender persons. It is critical that [the defence department] be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world." | She said the "proposed policy is NOT a ban on service by transgender persons. It is critical that [the defence department] be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world." |
| Department of Justice spokeswoman Kerri Kupec said the administration was "pleased" that the top court was "clearing the way for the policy to go into effect". | Department of Justice spokeswoman Kerri Kupec said the administration was "pleased" that the top court was "clearing the way for the policy to go into effect". |
| "Our military had been forced to maintain a prior policy that poses a risk to military effectiveness and lethality for over a year. | "Our military had been forced to maintain a prior policy that poses a risk to military effectiveness and lethality for over a year. |
| "We will continue to defend in the courts the authority and ability of the Pentagon to ensure the safety and security of the American people." | "We will continue to defend in the courts the authority and ability of the Pentagon to ensure the safety and security of the American people." |
| The top court's ruling has sparked outrage and frustration online. | The top court's ruling has sparked outrage and frustration online. |
| Charlotte Clymer, a transgender Army veteran, tweeted: "This is a hateful and cowardly policy." | Charlotte Clymer, a transgender Army veteran, tweeted: "This is a hateful and cowardly policy." |
| Others, however, said the ban just meant transgender troops must "conform to dress code/physical standards like everyone else". | Others, however, said the ban just meant transgender troops must "conform to dress code/physical standards like everyone else". |
| Democratic lawmakers were quick to criticise the Republican administration. California senator and 2020 presidential hopeful Kamala Harris called for a reversal of the policy. | Democratic lawmakers were quick to criticise the Republican administration. California senator and 2020 presidential hopeful Kamala Harris called for a reversal of the policy. |
| Her fellow senator, Tammy Baldwin of Wisconsin, echoed similar sentiments. | Her fellow senator, Tammy Baldwin of Wisconsin, echoed similar sentiments. |