On Friday night, the Trump administration
released its plan to exclude transgender troops from the armed forces. Nothing will change for now: Four federal courts have blocked the Pentagon from discriminating against transgender individuals, and those orders remain in place. In fact, it is doubtful that this plan, or any effort to ban transgender troops, will
ever take effect.
Those federal courts have found that discrimination against trans service members violates the Constitution, and the new proposal does nothing to ameliorate the ban’s grave constitutional flaws. Instead, the policy issued by the White House on Friday combines anti-trans propaganda with baseless, discredited concerns about the alleged danger of open transgender service. That might satisfy Trump’s base. It will not satisfy the federal judiciary.
Trans service members have been allowed to serve openly and receive transition-related health care since June 2016, under a policy instituted by former Secretary of Defense Ashton Carter. That policy was instituted as a result of multiple studies conducted and commissioned by the armed forces, including
a landmark RAND study which found transgender service does not undermine readiness and unit cohesion or impose undue costs. Trump decided to repeal the policy and bar trans service members in order to
shore up political support.
The president
announced the ban on Twitter in July, then directed Secretary of Defense James Mattis to “study” the issue and make recommendations. But the president quickly faced legal impediments, with those four federal courts blocking the policy after
finding it to be an “arbitrary,” “capricious,” and
unjustified infringement on trans people’s constitutional right to due process and equal protection. As a result of those four court orders, transgender service members have continued to serve openly, and trans individuals have been
allowed to enlist in the military since Jan. 1, 2018.
Yet behind the scenes, a “panel of experts” has been crafting a report,
also released on Friday, designed to provide pretextual justification for Trump’s ban. According to multiple sources, Vice President Mike Pence played a leading role in the creation of this report, along with Ryan Anderson,
an anti-trans activist, and Tony Perkins, head of the Family Research Council,
an anti-LGBTQ lobbying group.
Mattis actually supports open transgender service, but he was effectively overruled by Pence, and chose not to spend his limited political capital further defending trans troops. In a
memo released on Friday, Mattis encouraged Trump to ban transgender people from enlisting in the military, and to discharge those service members who wish to transition. Trump has now formally adopted these suggestions.
Given its authors, the Trump report’s conclusions are unsurprising.