A group of current and prospective transgender members of the military asked the Supreme Court on Thursday to keep in place a lower court’s injunction that blocks President Trump’s ban on their service from taking effect.
In their filing, they say they’ve collectively earned 70 medals and have passed military readiness during prior administrations.
They argue the president’s move to ban their service is discriminatory.
“The record is clear and indubitable: equal service by openly transgender service members has improved our military’s readiness, lethality, and unit cohesion, while discharging transgender service members from our Armed Forces would harm all three,” their court filing read.
The request comes in response to Mr. Trump’s filing last week to the justices, asking the high court to lift a lower court’s injunction against his ban on transgender military service.
Solicitor General Dean John Sauer told the justices that the district court’s universal injunction enjoining the military from enacting its prohibition based on mental health undermines the executive branch’s authority.
He asked the justices to stay the injunction while the case works its way through the courts.
The contested order from Mr. Trump was issued in February, disqualifying people from military service if they suffer from gender dysphoria or have undergone transgender medical interventions.
The challenge to the ban was brought by seven transgender people, some of whom are in the military, while another wishes to join.
They say the order runs afoul of the Equal Protection Clause of the Constitution, the First Amendment and due process rights.
The lower court out of Washington state issued an injunction, stopping the administration from implementing the policy while the issue is litigated.
Mr. Sauer’s request to the justices asks that the injunction be lifted so the policy can be implemented while the lawsuit plays out.
The case is United States of America v. Emily Shilling.
