April 24 (UPI) — The Trump administration Thursday called on the Supreme Court to allow enforcement of a ban on transgender people serving in the military.
Benjamin Settle, a federal judge in Washington state, issued a sweeping, nationwide injunction March 27 on the Trump administration’s ban on military service by transgender people, but Solicitor General D. John Sauer filed an emergency application Thursday with the high court seeking to overturn Settle’s injunction.
The injunction “cannot be squared with the substantial deference that the department’s professional military judgements are owed,” Sauer wrote in his application. The Trump administration has said it based its decision to bar transgender people from the military on a decision by the Pentagon during President Donald Trump‘s first term that said people with gender dysphoria represent a threat to “military effectiveness and lethality.”
The policy “generally disqualifies from military service individuals who have gender dysphoria or who have undergone medical interventions for gender dysphoria,” Sauer wrote in his Thursday application.
Critics of Sauer’s application say keeping transgender people out of the military violates the Constitution’s 14th Amendment, which guarantees that all people be treated equally under the law.
The Supreme Court has asked challengers to Sauer’s application to file a response by May 1. Until the high court rules on the case, transgender people will continue to be allowed to serve in the military, effectively upholding Settle’s March 27 ruling.
U.S. Navy Commander Emily Shilling, the lead plaintiff in the case to overturn the Trump administration’s ban, is a transgender woman and a 19 year Naval fighter jet pilot. She has flown 60 combat missions, including two in Iraq and Afghanistan. Following combat duty, she became a test pilot.
“I have been at the pinnacle of naval aviation,” she told CNN in January. “I think I am proof that we are qualified to serve.”
“This case is not about politics,” she continued. “It’s about the right of every qualified American to serve. For nearly a decade, transgender troops have proven time and again that we are just as committed, courageous, and honorable as those we serve with.”