El Informe de la Resistencia: Esta semana en la lucha por la justicia

When the Supreme Court Fails Us

Blog de Ricardo Martínez (él/él), Director Ejecutivo

A roadblock versus a dead end. That is how I look at setbacks in this work. A roadblock is a temporary enclosure, and a dead end provides little to no opportunity for further forward movement.  Both are painful. We love this work, and we care deeply about our clients, so any time our movement is granted a less than favorable result it hurts profoundly.  

On May 6, the Supreme Court of the United States, in our partners’ case US v. Shilling, granted the Trump administration’s request to allow it to implement the transgender military ban. 

The Supreme Court’s decision to allow the military ban to go into effect is heartbreaking. We know the devastating and irreparable harm this will cause our 32 clients, and the thousands of qualified transgender servicemembers who are serving honorably and putting their lives on the line for our country  

Moreover, this sends a far reaching and dangerous signal to the American people about the permissible standard of how we treat transgender people. Transgender people deserve so much better. 

While this decision only adds to the chaos and destruction caused by this administration, it’s not the end of the case. We are recognizing the roadblock and detouring to the next strategic move. The law is a fine art; we have ways to continue advocating for change even when doors appear to be closing. In moments like this, we acknowledge and experience the grief, and then set it aside to focus on the next right thing to do on behalf of our clients and our movement, and to uphold our democracy. In the short time I have been here, our staff has taught me that the practice of law requires creativity, innovation, and persuasion.  

Within 24 hours of the Supreme Court decision, our team filed a late-night letter brief informing the DC Circuit Court of Appeals – the court weighing the preliminary injunction in our case Talbott v. US – that the Supreme Court’s explanation-less order failed to consider animus. Therefore, the ruling does not control in Talbott, and the preliminary injunction blocking implementation of the ban should remain in effect.    

With our filing, we included the shameful public statements about transgender people made by the Secretary of Defense that debase both himself and all Americans through his rhetoric. We don’t know yet how the DC Court of Appeals will rule, but our challenge will continue in the courts no matter what. By continuing to fight, we embody our values and mission by embracing urgency and perseverance – building the collective will necessary to endure and effect meaningful change for LGBTQ+ people. 

Since the decision, our staff has had conversations with our plaintiffs and, while this is crushing news for them, they are clear that this is not the end of the road. They will continue fighting. Even while facing imminent upheaval and loss, these courageous clients are displaying consummate leadership, preparing to impart and transfer critical information to others in their unit. Always thinking about the mission first shows so much character, underscores their commitment to country, and exemplifies their high standard of professionalism. 

An unexpected rerouting can point us towards a path of least obstruction – towards a better tomorrow where the valor of service members is not questioned simply because of their gender. We remain committed to our strategy: stopping what we can, slowing what we can’t stop entirely, and working toward a future where everyone’s contributions are recognized and difference is valued for the vibrance it contributes to our communities and our country.  

When others fail to show up for us – whether it be the Supreme Court, elected officials, or even our own neighbors – it is all the more vital that we continue to show up for ourselves and for our community. And that’s something we’ll never stop doing.  

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