The U.S. Navy has issued the first-ever
waiver under President Donald Trump's ban on transgender service
members to a sailor.
According to CNN,
the sailor, whose name has not been released, sued to remain in the
Navy.
GLBTQ Advocates & Defenders (GLAD)
and the National Center for Lesbian Rights (NCLR) filed the lawsuit
in federal court in March on behalf of the sailor.
The anonymous Navy officer faced
discharge because she's transgender. She had served two extended
tours of duty over nine years.
“The ban has been in place for over a
year and this is the first waiver to be granted,” Jennifer Levi,
transgender rights project director for GLAD, said. ”While we are
relieved that our client, a highly qualified Naval officer, will be
able to continue her service, there are other equally qualified
transgender service members who have sought waivers and are still in
limbo, despite being perfectly fit to serve.”
Peter Perkowski, legal and policy
director at the Modern Military Association of America (MMAA), which
advocates on behalf of LGBT troops and veterans, warned that the
waiver could be used by the Trump administration to “falsely”
claim that “the ban isn't a ban.”
“The Navy’s decision to approve a
waiver to the Trump-Pence transgender military ban is an important
victory for this Sailor, even if we suspect the administration may be
nefariously planning to misuse it to undermine our lawsuit
challenging the ban,” Perkowski said in a statement. “We will be
watching closely to see if others are approved and how the
Trump-Pence administration may attempt to weaponize the decision by
falsely claiming the ban isn’t a ban. MMAA is committed to ensuring
the unconscionable Trump-Pence transgender military ban is overturned
and any qualified transgender patriot is free to serve openly and
authentically.”
“Over the past year, we’ve
continued to hear from qualified transgender patriots who want to
serve their country but can’t because of the Trump-Pence
transgender military ban,” continued Perkowski. “As our nation
faces unprecedented challenges, the last thing our military should be
doing is rejecting qualified individuals who want to serve simply
because of their gender identity.”
In a series of tweets in July 2017,
Trump declared that the military will no longer “accept or allow”
transgender troops to serve “in any capacity,” reversing
Obama-era policy on transgender individuals serving openly in the
military. After several setbacks in lower courts, the administration
modified its policy to allow transgender troops to serve provided
they do so as the sex they were assigned at birth.
Troops who came out while the old
policy was in place were grandfathered in. Trump's policy allows
senior defense officials to grant waivers to transgender individuals
who wish to remain or enlist in the armed forces.
The Supreme Court allowed the
administration to begin implementation of the policy even as four
challenges to the ban are pending in federal courts.