Presidential Memorandum on Military Service by Transgender Individuals by Donald Trump (March 23, 2018)

Presidential Memorandum on Military Service by Transgender Individuals by Donald Trump
Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals
Seal of the President of the United States
Signed by Donald Trump on March 23, 2018 (2018-03-23)
Federal Register details
Federal Register document number 2018-06426
Publication date March 28, 2018 (2018-03-28)
Document citation 13367
Summary
Military service by transgender individuals

The Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals is the 43rd presidential memorandum signed by U.S. President Donald Trump on March 23, 2018.[1]

The memorandum:

On 13 April 2018 the policy was stayed when a federal district court ruled that the 2018 memorandum essentially repeated the same issues as its predecessor order from 2017, that transgender service members (and transgender individuals as a class) were a protected class entitled to strict scrutiny of adverse laws (or at worst, a quasi-suspect class), and ordered that matter continue to a full trial hearing on the legality of the proposed policy.[2][3][4][5]

Enactment

On March 23, 2018, Maj. David Eastburn, a Pentagon spokesman, told the Washington Blade that the “DOD will still comply with federal court rulings and continue to assess and retain transgender service members,”.[6] On March 24, 2018, Eastburn said that given ongoing lawsuits and court rulings on the issue that there is "likely be no immediate impact on transgender service."[7] The Memorandum for Sector Commanders, Battalion Commanders, MEPS Commanders, Directors, and Special Staff Officers, issued December 8, 2017, enacted a policy guidance to recruits to explain how to enlist transgender individuals and states that the memorandum “shall remain in effect until expressly revoked.”[8] On April 18, 2018, Commandant Paul F. Zukunft told the United States House Appropriations Subcommittee on Homeland Security that the United States Coast Guard would continue to allow transgender members to serve unless specific legislation is passed banning them.[9]

Lawsuits

There are four lawsuits involving the policy:

On 13 April 2018 the policy was stayed in Karnoski vs. Trump (Western District of Washington), when the court ruled that the 2018 memorandum essentially repeated the same issues as its predecessor order from 2017, that transgender service members (and transgender individuals as a class) were a protected class entitled to strict scrutiny of adverse laws (or at worst, a quasi-suspect class), and ordered that matter continue to a full trial hearing on the legality of the proposed policy.[10][11][12][13]

Opinion polling

Date(s) conducted Support ban Oppose ban Not sure Margin of error Sample Conducted by Polling type
March 25, 2018 – March 27, 201834%[14]49%[14]13%[14]3.4%1,500 adultsThe Economist / YouGov PollWeb-based interviews
34%[15]48%[15]18%[15]

See also

References

  1. 1 2 3 Presidential Memorandum for the Secretary of Defense and the Secretary of Homeland Security Regarding Military Service by Transgender Individuals
  2. ↑ https://edition.cnn.com/2017/10/30/politics/judge-blocks-trump-transgender-military-ban/index.html
  3. ↑ http://lawprofessors.typepad.com/conlaw/2018/04/district-judge-holds-transgender-military-ban-subject-to-strict-scrutiny.html
  4. ↑ District Court, West District Washington, Karnoski v Trump, 13 April 2018
  5. ↑ http://lawprofessors.typepad.com/conlaw/2017/12/another-district-judge-issues-preliminary-injunction-against-transgender-military-ban-.html
  6. ↑ Pentagon pledges to retain trans troops regardless of Trump policy
  7. ↑ Here is the Mattis guidance and Pentagon study behind the Trump transgender decision
  8. ↑ Re: Jane Doe 1 et al. v. Donald J. Trump et al., No. 17-5267
  9. ↑ Coast Guard won’t bar transgender members without direct ban
  10. ↑ https://edition.cnn.com/2017/10/30/politics/judge-blocks-trump-transgender-military-ban/index.html
  11. ↑ http://lawprofessors.typepad.com/conlaw/2018/04/district-judge-holds-transgender-military-ban-subject-to-strict-scrutiny.html
  12. ↑ District Court, West District Washington, Karnoski v Trump, 13 April 2018
  13. ↑ http://lawprofessors.typepad.com/conlaw/2017/12/another-district-judge-issues-preliminary-injunction-against-transgender-military-ban-.html
  14. 1 2 3 Do you favor or oppose allowing transgender people to serve openly in the military?
  15. 1 2 3 Do you approve or disapprove of Donald Trump issuing a ban on transgender people serving in the military?
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