Lawyers for the Trump administration appeared in court on Monday (10 December) to address the President’s proposed transgender military ban.
They appeared in the D.C. Circuit Court in an attempt to appeal one of the numerous injunctions courts and judges have passed against the ban.
During the hearing, the lawyers revealed crucial information about the ban.
According to The Daily Beast’s report, Department of Justice Attorney Brinton Lucas said transgender troops would not be discharged based on their trans identity.
However, the court clarified that the latest version of this policy states troops must identify with their biological sex.
‘That is true, your honor,’ Lucas responded.
This means trans people can serve, but they cannot undergo any medical care related to transitioning.
Judge Thomas B. Griffith of the circuit court pressed Lucas on these specifics.
‘As I understand it, you’re saying there are transgendered individuals in the military who can serve consistent with their biological sex. But don’t they have to suppress the very nature of their transgender condition to do that?’ he asked.
Trying to defend this policy
Lucas argued for the policy by stating the policy does not address anyone’s transgender identity. He said numerous people do not undergo any medical transitions for their gender identity.
‘There are some transgender individuals who identify as non-binary or genderfluid and so the concept of gender transition has no meaning for these individuals,’ he argued in the courtroom.
The policy also means non-binary or genderqueer people must serve as their biologically assigned sex.
Regardless, the Trump administration is still seeking to oppress trans and non-binary people’s identities.
‘The reality is that transgender people sometimes don’t transition or transition later in life because of discrimination and social pressures,’ said Jennifer Levi, director of the GLBTQ Legal Advocates and Defenders’ Transgender Rights Project.
She is also an attorney in the case.
‘And they certainly shouldn’t have to face that kind of discrimination from their country when all they’re seeking to do is serve.’
In the latest development in this matter prior to this court case, Trump’s administration asked the Supreme Court to hear a case about this directly, showing they are not letting this go, despite all the legal obstacles.