A federal judge in the District of Columbia on Wednesday left in place her nationwide order blocking last year’s Trump administration’s ban on transgender troops while she awaits fresh legal briefings on the impact of a policy shift announced Friday.
On Friday, the president revoked the full ban he initially backed last summer for a new policy that would still disqualify many transgender troops who have had gender reassignment surgery.
As the White House unveiled its new order Friday night, Justice Department lawyers filed papers asking four federal courts to lift preliminary injunctions those courts issued late last year over the previous iteration of the ban.
The legal maneuvers are similar to the flurry of federal-court activity as the White House imposed and then altered entry ban orders as it navigated court decisions.
The injunctions that froze the Trump administration’s initial ban on transgender troops came in lawsuits brought by some troops, would-be recruits, human rights groups and several states against a change the would undo an Obama-era policy from 2016 allowing transgender individuals to enlist and serve openly.
In those lawsuits, judges in Washington, Baltimore, Seattle and Riverside, Calif., had said the Trump ban of last year probably was discriminatory and required the military to allow transgender recruits to enlist and continue to serve openly effective Jan. 1.
The four courts had said the parties bringing the lawsuits were likely to win their arguments that the initial ban was unlawful.
In Washington on Wednesday, U.S. District Court Judge Colleen Kollar-Kotelly declined to lift two orders she issued late last year temporarily halting the ban. Instead, she gave GLBTQ Legal Advocates and Defenders (GLAD) and the National Center for Lesbian Rights (NCLR) — who have sued on behalf of six active-duty transgender service members — until April 6 to amend their lawsuit in light of the new executive order. Read more via Washington Post