Aug. 28 (UPI) — The Trump administration on Friday asked the Supreme Court to allow the Pentagon to ban transgender individuals from serving in the military.
A federal appeals court ruled in June that the military’s attempts to remove transgender Americans was “both arbitrary and based upon animus.”
On Friday, Solicitor General John D. Sauer appealed to the country’s top court to reverse the ruling.
“The court asserted that the policy likely denies equal protection because it reflects invidious discrimination against trans-identifying people,” Sauer wrote in his petition. “That gravely erroneous holding warrants this Court’s review.”
“The authority of the U.S. military to determine who may serve in the Nation’s armed forces is a matter of exceptional importance,” he added. “Whether the Constitution prohibits the military from exercising that authority by adopting a policy like the one here is a recurring issue, which has arisen before and will likely arise again absent this Court’s review.”
President Donald Trump has targeted transgender service members since the first days of his second administration.
He signed an executive order saying transgender troops’ health needs are “inconsistent” with service in the military.
The National Center for LGBTQ Rights and GLAD Law sued in February, and the federal appeals court in the District of Columbia agreed with the plaintiffs.
Judge Robert Wilkins said the ban on transgender service members “appears driven by the bare desire to harm a politically unpopular group.”
“We are confident the Supreme Court will affirm that the Trump administration cannot base policies on hostility toward a group of people,” said Jennifer Levi, GLAD Law senior director of transgender and queer rights, in a statement.
“As the Trump administration’s own attorneys admitted, these are qualified individuals who are meeting all military standards,” Levi added. “There is no reason to waste millions of taxpayer dollars to kick out thousands of highly trained, skilled, and decorated troops based on nothing but hostility and this administration’s political whims.”
The Supreme Court is on summer recess and will return on Oct. 5.
