"Representing the government, Deputy Associate Attorney General Abhishek Kambli, a member of the conservative Federalist Society, told the court the policy was "not a blanket exclusion" but a "neutral medical standard." "The question this court has to answer is whether the plaintiffs have demonstrated that the military is constitutionally barred from implementing its policy of presumptively disqualifying those with gender dysphoria," he said."
"Judge Morgan Christen, appointed by former President Barack Obama, challenged the government's characterization. "It sweeps far more broadly than a diagnosis," she said, noting that the policy applies to anyone who has undergone or plans to undergo gender-affirming care. Kambli replied that "some people who are trans-identifying but don't suffer the clinical distress or impairment of function that's associated with gender dysphoria" could still serve. Those who could get a waiver to serve must have never done anything to acknowledge their gender identity."
In Portland, a three-judge Ninth Circuit panel heard a challenge to a Defense Department policy that bars anyone diagnosed with gender dysphoria from enlisting or continuing military service. The policy, published in February, is characterized by the government as a medical readiness regulation and by plaintiffs — seven active-duty service members and the Gender Justice League — as unconstitutional animus. Government counsel said the rule is a neutral medical standard and not a blanket exclusion, while judges questioned its breadth and application to those who have undergone or plan gender-affirming care. Waiver eligibility requires never having acknowledged a transgender identity.
Read at Advocate.com
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