Transgender Military Service Ban

August 25, 2017

The President announced via Twitter and subsequent policy that transgender individuals would be barred from military service in any capacity. The policy prohibited the Department of Defense from providing medical care related to gender transition and required discharge or denial of enlistment for transgender service members. Multiple federal courts issued preliminary injunctions halting enforcement of the ban on equal protection grounds under the Fifth Amendment. The courts found the policy likely violated substantive due process and equal protection by distinguishing on the basis of transgender status without adequate justification. The constitutional tension involves whether military deference to Commander-in-Chief judgment can override equal protection scrutiny, and whether excluding a group based on identity without medical or operational evidence violates fundamental fairness principles.