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Federal judge: USA military must accept trans recruits in January

29 Novembre, 2017, 01:07 | Auteur: Anatole Charbonneau
  • Image via Getty

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

Two federal judges have already blocked President Donald Trump from instituting his transgender military ban, which would have barred trans people from openly serving the armed services. Her original ruling, she wrote, was to return the policy on military service by transgender Americans to what it was when the Obama administration lifted the ban June 30, 2016, with the one modification by Mattis that delayed enlistment of new trans troops until January 1, 2018.

President Barack Obama previously moved to undo the military's ban on openly serving trans troops, which was originally set to go into effect over the summer.

The ruling came after Trump issued a presidential order in August that the military stop enlisting transgender people and not to use funds to pay for gender transition-related surgery. A Defense Department spokesperson could not immediately be reached.

Yesterday, that court's judge issued a clarification that, since the ban was blocked, the military should begin accepting transgender troops by January 1, 2018.

This isn't the first time Kollar-Kotelly has ruled against the Trump administration's opposition to transgender servicepeople.

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There is no word yet from a Trump administration spokesperson following Kollar-Kotelly's ruling allowing the January 1 open military enlistment for transgender individuals to go forward.

Read Kollar-Kotelly's Monday injunction here.

Two weeks before Trump issued his official memo instating the ban in late August, two LGBTQ organizations filed lawsuits against the ban, representing six now serving trans military members and two recruits.

"President Trump's tweets did not emerge from a policy review, nor did the Presidential Memorandum identify any policymaking process or evidence demonstrating that the revocation of transgender rights was necessary for any legitimate national interest", Garbis wrote in his directive last week.

It may strike some as disingenuous to argue that transgender individuals who would be explicitly affected by Trump's change of policy - most obviously by losing their jobs - have not "established that they will be impacted".

U.S. District Judge Colleen Kollar-Kotelly's ruling is a clarification of a ruling from late October.

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