A federal judge on Tuesday ruled that
the Trump administration is incorrect in its claim that no legal
impediment remains in place prohibiting implementation of its ban on
transgender troops.
President Donald Trump first tweeted
his decision to ban transgender troops from serving in 2017. Four
lawsuits followed challenging implementation of the ban. Earlier
this month, the administration said its ban would take effect on
April 12, the result of a Supreme Court decision allowing
implementation while the policy is being challenged in the courts.
The high court's decision stayed two injunctions, while a federal
judge in Maryland stayed his injunction.
(Related: Defense
Department says it will implement transgender military ban on April
12.)
U.S. District Judge Colleen
Kollar-Kotelly said in a notice that her injunction in the case Doe
v. Trump remains in place.
“Lacking a mandate, the D.C.
Circuit's judgment is not final, and this court's preliminary
injunction remains in place,” Kollar-Kotelly wrote.
“The fact that the three other
nationwide preliminary injunctions which had been in place are now
stayed has no impact on the continued effectiveness of this court's
preliminary injunction,” she added.
In a statement given to the
Washington
Blade, Jennifer Levi, director for GLAD's transgender rights
project, said that the notice prohibits the government from enforcing
its ban.
“The district court judge was crystal
clear that the government cannot depart from the status quo,” Levi
said. “The injunction in Doe v. Trump against implementing the
transgender military ban remains in place. That means that the
government may not implement any change in the current policy which
allows transgender people to serve and enlist.”
Kollar-Kotelly said that the earliest
the D.C. Circuit would issue its mandate is March 29. Once her
injunction is stayed – Kollar-Kotelly is almost certain to follow
the Supreme Court's guidance – the Trump administration will be
free to move forward on implementing its ban on transgender troops.