9th Circ. Says Military 'Trans Ban' Injunction Must Be Revisited

Law360 (June 14, 2019, 9:14 PM EDT) -- The Pentagon's transgender policy differs enough from an earlier ban that a district court must reexamine its decision to carry over a related injunction, the Ninth Circuit ruled Friday, but the policy is clearly based on transgender status, not a medical condition, and must therefore face heightened scrutiny.

The U.S. Department of Defense's 2018 policy heavily restricting military service by transgender people is different enough from a 2017 presidential policy outright banning service, and a district court did not fully consider those differences when it refused to dissolve a related injunction, a three-judge panel ruled in a published decision.

But, although...

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