On Friday, the U.S. Court of Appeals for the District of Columbia Circuit ruled in favor of a Trump administration policy barring some “transgender” individuals from serving in the military. The decision overturns a ruling by a federal judge in Washington D.C. which blocked the policy.
The original policy announced in 2017, a complete ban on all “transgender” individuals serving in the military, had already been struck down and reworked. The new policy only restricts the service of “transgender” individuals who have “gender dysphoria.” In its ruling, the court noted the changes, saying it “appears to permit some transgender individuals to serve in the military consistent with established military mental health, physical health, and sex-based standards.” Those with gender dysphoria are barred due to having a mental illness, not because they are “transgender” per se.
However, it could easily be argued that all trannies have gender dysphoria, and are unfit to serve due to their mental illness. In fact, it is hard to imagine a good argument that some trannies do not have this condition. The administration could use this ruling to de facto enforce its original policy.
Because of injunctions issued by other federal courts, this is a limited ruling. The Supreme Court will consider whether to hear the case at a conference on January 11. If SCOTUS decides to hear it, there is a good chance that the policy will be enforced nationally.