A judge for the US District Court for the District of Maryland ruled Tuesday that the lawsuit challenging the transgender military ban can continue. The ban will remain in place, but the plaintiffs will be able to continue their challenge of the ban as discriminatory against transgender individuals.
The judge denied the defendant’s motion to dismiss, concluding that the plaintiffs have sufficiently established that additional discovery is necessary.
The defendant also filed a motion for summary judgment as an alternative to the motion to dismiss. On this, the court granted the motion to dismiss a portion of the plaintiff’s complaint for failing to allege a substantive a due process claim.
The court also ruled that President Donald Trump cannot be dismissed from the case as a defendant.
This ruling enables the individuals who are barred from joining the military due to their transgender status, to continue with their complaint. However, because the March 2018 memo permits service members to remain in the military, those individuals cannot continue with their claim.