In her ruling, Kollar-Kotelly wrote that the military must continue to follow policies established by former President Barack Obama's "June 30, 2016 Directive-type Memorandum", which allowed transgender individuals to enlist beginning on January 1, 2018, and allowed them to serve openly and receive the required medical care for their gender transition through the military.
The memo also gave Defense Secretary James MattisJames Norman MattisNational security departments and agencies have been deprioritized Trump appeals court's decision to partially block transgender military ban Second federal judge halts Trump's transgender military ban MORE a six-month deadline to assess the role of transgender troops who are now serving in the US military. In her clarification issued yesterday, Judge Kollar-Kotelly made clear that this date must stay in place, stating, "Those [previous] policies allowed for the accession of transgender individuals into the military beginning on January 1, 2018".
Kollar-Kotelly explains her order intended to revert the military's policy on transgender troops to the "status quo" before Trump issued his directive banning transgender military service, which means the Mattis memo is now lawful policy.
President Barack Obama's administration lifted the ban on transgender individuals serving openly in the military in June 2016. Trump Defense Secretary James Mattis had already pushed that date back to January 1, 2018 before Trump's fateful tweets.
Since Mattis is named defendant in the case, that prohibits him from delaying transgender enlistments any longer than January 1 - the target date in his June 30 memo.
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Mattis on June 30 delayed the plan, one day before the military was slated to open to transgender recruits per the Obama-era policy.
This isn't the first time Kollar-Kotelly has ruled against the Trump administration's opposition to transgender servicepeople. Along with the National Center for Lesbian Rights, GLAD is representing five military servicepeople who are suing the administration over its transgender ban.
A that time, a Justice Department spokeswoman, Lauren Ehrsam, told the Associated Press that the injunction was "premature" because the Pentagon "is actively reviewing" transgender service requirements. He argued, "Our military must be focused on decisive and overwhelming ... victory and can not be burdened with the tremendous medical costs and disruption that transgender in the military would entail".
Garbis' order will not only temporarily allows transgender troops to openly enlist in the military, but also allows current service members to receive any scheduled transition-related medical care, according to court documents obtained by NPR.