On Tuesday, May 6, the Supreme Court weighed in on the issue of transgender military service. Its unsigned opinion reversed a pair of nationwide injunctions against the trans ban and allowing the Pentagon to proceed with implementing President Trump’s executive orders on the issue—even before the outcome of the cases that prompted the injunctions, Talbott v. U.S. and Shilling v. U.S.
MLTF welcomed the injunction in Talbott by Judge Ana Reyes, who called the government’s arguments “soaked in animus and dripping with pretext.” We also welcomed Judge Benjamin Settle’s opinion in Shilling, which noticed the plaintiff would be “promptly discharged solely because she is transgender” and concluded, “This is the rare case that warrants a nationwide injunction.”
But the Trump Administration responded to both injunctions with a request for this emergency ruling from the Court; once the opinion was issued, DOD followed up with yet another memo, to implement its“Guidance on Prioritizing Military Excellence and Readiness” issued in February and March—all of it following Trump’s January 27 Executive Order 14183, Prioritizing Military Excellence and Readiness – The White House. That Order, which specifically revoked President Biden’s previous order allowing transgender servicemembers to serve openly, is filled with hateful and insulting language: “Beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.” The animus Reyes mentioned is quite clear. This week’s memo is no different. As Natasha Lennard writes in The Intercept, “Anti-trans animus is all there is: The government has made no effort to show that trans service members have been detrimental to military objectives, discipline, and cohesion — because it’s a lie.”
The new memo sets a June 6 deadline for active-duty servicemembers to “self-identify for voluntary separation” if they “have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria,” after which may also be eligible for voluntary separation pay.” Reservists have until July 7 to self-identify. After that, DoD “will initiate involuntary separation processes.” Even more worrisome, Associated Press reports that “the Defense Department will begin going through medical records to identify others who haven’t come forward.”
MLTF joins those decrying the Court’s opinion, while rolling up our sleeves to support those affected by it—whether it’s enlisted personnel facing an administrative separation board or officers before a Board of Inquiry. MLTF director Kathy Gilberd notes that “Those who can handle the incredible stress of fighting the discharge can demand the right to the discharge board hearing ‘guaranteed’ under the Hegseth memo. They will have some time, though not a huge amount, to make a record for further litigation or simply to show the world the quality of their service.” Troops and their counsel might look at MLTF’s library as a place to start.
Whether servicemembers are fighting discharge or trying to navigate the best possible exit, the Task Force pledges to connect them with counsel and other resources. And we’ll keep working toward the day when none of this is necessary.
