The Supreme Court’s order Tuesday (Jan. 22) allows Donald Trump’s discriminatory ban on transgender service members to take effect, but leaves open the ruling to further legal challenges.
Immediately after the ruling, Iraq war combat veteran and U.S. Senator Tammy Duckworth (D-IL) released a blistering response:
“When I was bleeding to death in my Black Hawk helicopter on that dusty field in Iraq, I didn't care if the American troops risking their lives to help save me were gay, straight, transgender, black, white, male or female. All that mattered was they didn't leave me behind. If you are willing to risk your life for our country and you can do the job, you should be able to serve—no matter your gender identity or sexual orientation.
“When I was bleeding to death in my Black Hawk helicopter on that dusty field in Iraq, I didn't care if the American troops risking their lives to help save me were gay, straight, transgender, black, white, male or female. All that mattered was they didn't leave me behind. If you are willing to risk your life for our country and you can do the job, you should be able to serve—no matter your gender identity or sexual orientation.
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| SEN. TAMMY DUCKWORTH |
“Today’s decision is disheartening not only because it will help the Trump Administration discriminate against an ever-shrinking portion of our population who are willing to serve in uniform, but also because it enables the Administration to further disrupt to our military and weaken our national security," said Duckworth.
Duckworth, a Purple Heart recipient and former Assistant Secretary of the Department of Veterans Affairs, was among the first Army women to fly combat missions during Operation Iraqi Freedom. She was shot down on a mission and lost her legs and partial use of her right arm.
The court's ruling will probably not be the final say on the policy. The justices took no stance on the legality of the ban, but their action clears the way for the policy to take effect while lower courts hear additional arguments.
“I hope the Court takes up this case and loudly and clearly tells the Administration that this sort of discrimination has no place in our military, and I hope my colleagues on both sides of the aisle in Congress will send the same message and show our servicemembers that we have their backs,” said Duckworth.
The policy, first announced by Donald Trump in July 2017 via Twitter, and later officially released by then-Secretary of Defense James Mattis in 2018, blocks transgender individuals from serving with limited exceptions.
"As always, we treat all transgender persons with respect and dignity. (The Department of Defense's) proposed policy is NOT a ban on service by transgender persons. It is critical that DoD be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world. DoD's proposed policy is based on professional military judgment and will ensure that the U.S. Armed Forces remain the most lethal and combat effective fighting force in the world," Lt. Col. Carla Gleason, a Pentagon spokesperson, told CNN.
There are currently about 15,500 transgender individuals serving in the military, according to a highly cited UCLA study.
“I hope the Court takes up this case and loudly and clearly tells the Administration that this sort of discrimination has no place in our military, and I hope my colleagues on both sides of the aisle in Congress will send the same message and show our servicemembers that we have their backs,” said Duckworth.
The 5-4 decision was an ideological split, with the conservatives forming the majority.
The four liberal justices objected to allowing the administration's policy banning most transgender people from serving in the military to go into effect.
The four liberal justices objected to allowing the administration's policy banning most transgender people from serving in the military to go into effect.
The policy, first announced by Donald Trump in July 2017 via Twitter, and later officially released by then-Secretary of Defense James Mattis in 2018, blocks transgender individuals from serving with limited exceptions.
After the Supreme Court action, the Pentagon released a statement to clarify that its policy is not a ban on all transgender persons from the military.
"As always, we treat all transgender persons with respect and dignity. (The Department of Defense's) proposed policy is NOT a ban on service by transgender persons. It is critical that DoD be permitted to implement personnel policies that it determines are necessary to ensure the most lethal and combat effective fighting force in the world. DoD's proposed policy is based on professional military judgment and will ensure that the U.S. Armed Forces remain the most lethal and combat effective fighting force in the world," Lt. Col. Carla Gleason, a Pentagon spokesperson, told CNN.
There are currently about 15,500 transgender individuals serving in the military, according to a highly cited UCLA study.
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