{"id":64229,"date":"2019-01-04T19:19:11","date_gmt":"2019-01-04T19:19:11","guid":{"rendered":"https:\/\/one.sightlinemg.com\/navytimes\/uncategorized\/2019\/01\/04\/circuit-court-backs-dod-transgender-service-policy\/"},"modified":"2026-08-08T12:30:30","modified_gmt":"2026-08-08T12:30:30","slug":"circuit-court-backs-dod-transgender-service-policy","status":"publish","type":"post","link":"https:\/\/one.sightlinemg.com\/navytimes\/news\/pentagon-congress\/2019\/01\/04\/circuit-court-backs-dod-transgender-service-policy\/","title":{"rendered":"Circuit Court backs DoD\u2019s transgender service policy"},"content":{"rendered":"\n

A circuit court hearing one of the four federal cases challenging President Donald Trump\u2019s policy to limit transgender military service sided with the administration<\/a> Friday, ruling that the process former Defense Secretary Jim Mattis took to implement the president\u2019s directive was sufficient and did not result in a blanket ban.<\/p>\n\n\n\n

That federal case, \u201cDoe v. Trump,\u201d had challenged Mattis’ February 2018 policy, approved by the White House in March<\/a>, that restricted persons who had \u201cgender dysphoria,\u201d discomfort arising from identifying as other than your biological sex, from serving.<\/p>\n\n\n\n

Attorneys for clients challenging the ban had argued that all transgender personnel experience that discomfort, and using gender dysphoria as a standard would, in effect, create a blanket ban.<\/p>\n\n\n\n

However, the court disagreed, stating that not all transgender persons seek to transition to their preferred sex or experience discomfort.<\/p>\n\n\n\n

“We can find nothing in the record to support this definition of being transgender,\u201d the U.S. Court of Appeals for the District of Columbia Circuit found.<\/p>\n\n\n\n

The Mattis policy also requires transgender persons to serve according to their biological sex, and does not allow service members to serve in their preferred sex.<\/p>\n\n\n\n

Pentagon spokeswoman Jessica Maxwell said that while DoD is pleased with the D.C. Circuit\u2019s decision, \u201cthe department remains bound by three other court orders that require continued implementation\u201d of the previous policy under the Obama administration that allows transgender personnel to serve openly.<\/p>\n\n\n\n

With this ruling however, DoD \u201cis consulting with the Department of Justice on next steps in the litigation. We look forward to continuing to press our case in the courts,\u201d Maxwell said.<\/p>\n\n\n\t