In the wake of President Donald Trump’s proclamation that openly transgender individuals be discharged from the military, in addition to the lawsuits, there has been some pushback from an unexpected source: the Secretary of Defense, General James Mattis.

After sources reported that the general was appalled by the president’s proclamation, soon after, he came out with a plan that effectively puts the ban on hold. While socially, and politically, transgender rights are a polarizing and controversial issue, it may not be possible to read anything more than prudence into Mattis’s actions. Making a sweeping change like this to the military requires careful planning and assessment.

What’s Mattis’s Hold Up?

The general, reportedly, has instituted the hold on implementing the newest ban in order to study the effects and strategically plan how to actually do it (and potentially even whether to do it at all). Although the president, in a series of Tweets, claimed to have met with his generals prior to implementing the ban, no general has corroborated this claim. As such, not only was the general caught off guard, but the new policy’s effects had not been studied prior to the implementation.

While it may be too soon for those on either side of this issue to celebrate, LGBT advocates are pleased that there is at least some relief from the abruptly announced policy that would have uprooted many people’s lives.

Constitutional Challenges and Civil Rights Laws

The lawsuit by the ACLU that challenges the transgender military ban argues that there is no military basis for the ban. According to the ACLU’s complaint, “The Trump Administration has provided no evidence that this pronouncement was based on any analysis of the actual cost and disruption allegedly caused by allowing men and women who are transgender to serve openly.”

Related Resources:

  • Trump Administration Rescinds Guidance on Bathroom Use for Transgender Students (FindLaw’s Law and Daily Life)
  • The Rise of Anti-Anti-Discrimination Laws (FindLaw’s Law and Daily Life)
  • California’s Gender Neutral Bathroom Bill (FindLaw’s Law and Daily Life)
  • Here’s the Latest on Trump Immigration Reform Efforts (FindLaw’s Law and Daily Life)

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