US District Judge Marsha Pechman of the Western District of Washington ruled yesterday that transgender people are a "protected class" and as such the injunctions against the implementation of the Trump administration's ban on military service by transgender people should remain in place.
There is a long and well-recognized history of discrimination and systemic oppression against transgender people, that discrimination against transgender people was clearly “unrelated to their ability to perform and contribute to society, that transgender people have immutable characteristics and that they lacked relative political power.
Transgender people have long been forced to live in silence, or to come out and face the threat of overwhelming discrimination.
--Judge Pechman
The Court also rules that, because transgender people have long been subjected to systemic oppression and forced to live in silence, they are a protected class. Therefore, any attempt to exclude them from military service will be looked at with the highest level of care, and will be subject to the Court’s ‘strict scrutiny.’ This means that before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests.
--Pechman
The government has failed to identify even one General or military expert [President Trump] consulted, despite having been ordered to do so repeatedly.
--Pechman
Noting that Pentagon officials were surprised by the announcement and that Defense Secretary Jim Mattis got a heads up only one day beforehand, the judge wrote that she “is led to conclude that the Ban was devised by the President, and the President alone."
Judge Pechman cut through the nonsense and realized that there was no “new ban” - just the same ole ban w/ some new packaging. Trans discrimination triggers strict scrutiny. Full stop. DOJ gets one last chance to defend policy but make no mistake - this ban is going DOWN!
--Sharon McGowan, Lambda Legal
McGowan is a former top official at the Justice Department's Civil Rights Division.
The entire ruling may be found here.