The U.S. Supreme Court on Tuesday allowed the Trump administration to start at least for now to enforce bans on trans military members. The Supreme Court blocked the lower court order, which temporarily stopped the enforcement of the injunction.

Three liberals in the court said they would deny the application.

Shortly after President Trump was sworn in for his second time, he signed an executive order that prohibits transgender people from serving in the military.

The Ministry of Defense quickly banned transgender people from enlisting and evacuating active soldiers.

The new policy mimics the previous trans military ban, which was established in the first Trump administration. The Supreme Court allowed the controversial Trump policy to continue in 2019, but Biden reversed it shortly after Biden took office.

But this time, in addition to banning enlistment, the policy is farther than the policy established during the first Trump administration by releasing active trans service members. The reasons for the ban have also changed.

Instead of explicitly banning all trans service personnel from the military, the Department of Defense listed “gender irritability”, a “obvious inconsistency” between the gender a person experiences and the gender assigned at birth, and its list of medical conditions has disqualified people from military service.

According to the Pentagon, about 0.2% of U.S. military members experience gender irritability.

The challenge to the ban was raised by a group of incumbent and aspiring trans service staff, including plaintiff Emily Schilling, a naval pilot who has flown over 60 combat missions in her nearly two decades of service. The group argues that the ban denies them a constitutional right to equally protect the law.

The government countered that the ban did not discriminate against anyone based on their trans status because the Pentagon’s policy was targeting gender-irritating people as a “medical condition” rather than directly targeting trans people.

The argument was rejected by George W. Bush, who served in Washington State. He called the policy a “package ban on trans services.” He temporarily blocked the government from implementing the policy, while he further considered the case.

Seit said the government could not hide its assertion that prohibiting people with gender irritability is different from prohibiting someone because of trans. "Common sense" shows that these are the same people, he said.

The federal appeals court in San Francisco refused to intervene, and the Trump administration then appealed to the Supreme Court to seek to restore the injunction.

In response, service members believed that the ban was unconstitutional because it was inspired by hostility towards trans people. Additionally, they cite previous research conducted by the Department of Defense and the military, showing that trans service members are not a threat to national security, a conclusion that they believe they have four years of experience in the military with trans people during the Biden administration.

But the Supreme Court ruled Tuesday that the administration favored the Trump administration, at least now allowing it to impose an anti-trans ban. The order is a powerful indicator that governments may ultimately gain the upper hand.