The Mattis Transgender Policy Will Go Into Effect Next Friday

Last Tuesday, in response to a government motion, the U.S. Court of Appeals for the District of Columbia Circuit altered its previous schedule and ordered the Clerk to issue the mandate in the Jane Doe case, which the Clerk did that same day.  That eliminated the last of the four injunctions that courts had issued against the Mattis transgender-in-the-military policy.  The plaintiffs in the Jane Doe case did not file a petition for rehearing en banc by Friday, the deadline for such petition, and therefore the mandate will not be stayed anytime in the near future.

Accordingly, DOD is now free to implement the Mattis policy as it had planned, next Friday, April 12.  Also, current service-members may no longer be “grandfathered” into the previous “Carter policy” unless they received a diagnosis of gender dysphoria before last Tuesday, March 26.  Any such service-members who have been or will be diagnosed with dysphoria after March 26 will have to leave the armed services once the Mattis policy goes into effect.

For much greater detail about how the Mattis plan will operate, see this post. 

About the Author(s)

Marty Lederman

Professor at the Georgetown University Law Center. He was Deputy Assistant Attorney General at the Office of Legal Counsel from 2009-2010, and Attorney Advisor at the Office of Legal Counsel from 1994-2002. Member of the editorial board of Just Security. You can follow him on Twitter (@marty_lederman).