US judge rules against Donald Trump’s policy restricting transgender troops

The US judge had previously temporarily blocked Trump's initial ban on transgender troops

Protests for Trump's ban on transgender troops (PAUL J. RICHARDS/AFP/Getty Images)

A US district judge has ruled against Donald Trump’s updated policy restricting transgender troops from serving in the military.

Colleen Kollar-Kotelly, a US district judge for the District of Columbia, has refused to allow Mr Trump’s new policy hindering transgender troops to go into effect. The judge has denied a request by the Trump administration to lift an injunction previously issued.

Mr Trump had previously announced a ban on transgender people from serving in the military in “any capacity” in July of last year. The US president published a series of tweets announcing his ban last year, writing in part: “Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail."

The Trump administration’s ban sought to reverse Barack Obama-era policy measures which allowed transgender individuals to serve in the military. Ms Kollar-Kotelly was among the federal judges who temporarily blocked Mr Trump’s ban, ruling that it was likely unconstitutional.

Earlier this year in March, Mr Trump then approved an updated policy which purported to revoke his initial absolute ban. Mr Trump’s memorandum, which adopted recommendations from Defence Secretary Jim Mattis banned “transgender persons with history or diagnosis of gender dysphoria”.

“Transgender persons with a history or diagnosis of gender dysphoria — individuals who the policies state may require substantial medical treatment, including medications and surgery — are disqualified from military service except under certain limited circumstance,” the memorandum read in part.

On Monday 6 August Ms Kollar-Kotelly ruled against the new policy writing it implements aspects of the original ban “by targeting proxies of transgender status, such as ‘gender dysphoria’ and ‘gender transition,’ and by requiring all service members to serve ‘in their biological sex”. The ruling followed a lawsuit filed last August by several aspiring troops and current members of the armed forces.

Top Democratic leader Nancy Pelosi had called Mr Trump’s latest memorandum “disgusting” earlier this year.

“This latest memorandum is the same cowardly, disgusting ban the President announced last summer,” she said. “The President’s hateful ban is purpose-built to humiliate our brave transgender members of the military who serve with honour and dignity.”

Joshua Block, senior staff attorney for the ACLU had called the US president's March memorandum "transphobia masquerading as policy".