DOE et al v. TRUMP et al

Filing 60

ORDER GRANTING-IN-PART and DENYING-IN-PART Defendants' 45 Motion to Dismiss and Plaintiffs' 13 Motion for Preliminary Injunction. Signed by Judge Colleen Kollar-Kotelly on 10/30/2017. (lcckk3)

Case 1:17-cv-01597-CKK Document 60 Filed 10/30/17 Page 1 of 2

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA
JANE DOE 1, et al.,
Plaintiffs
v.

Civil Action No. 17-1597 (CKK)

DONALD J. TRUMP, et al.,
Defendants
ORDER
(October 30, 2017)
For the reasons set forth in the accompanying Memorandum Opinion, it is, this 30th day
of October, 2017, hereby
ORDERED that Defendants’ [45] Motion to Dismiss is GRANTED-IN-PART and
DENIED-IN-PART. The Court will grant Defendants’ motion to dismiss Plaintiffs’ claims to
the extent they are based on the Sex Reassignment Surgery Directive, corresponding with section
2(b) of the Presidential Memorandum, as well as Plaintiffs’ estoppel claim. Defendants’ motion
to dismiss is DENIED in all other respects. It is further
ORDERED that Plaintiffs’ [13] Motion for Preliminary Injunction is GRANTED-INPART and DENIED-IN-PART. Plaintiffs’ motion for preliminary injunction is DENIED with
respect to the Sex Reassignment Surgery Directive. Plaintiffs’ motion for preliminary injunction
is GRANTED, however, in that the Court will preliminarily enjoin Defendants from enforcing
the following directives of the Presidential Memorandum, referred to by the Court as the
Accession and Retention Directives:
I am directing the Secretary of Defense, and the Secretary of
Homeland Security with respect to the U.S. Coast Guard, to return
to the longstanding policy and practice on military service by
transgender individuals that was in place prior to June 2016 until
such time as a sufficient basis exists upon which to conclude that
terminating that policy and practice would not have the negative
effects discussed above.

Case 1:17-cv-01597-CKK Document 60 Filed 10/30/17 Page 2 of 2

Presidential Memorandum § 1(b).
The Secretary of Defense, and the Secretary of Homeland Security
with respect to the U.S. Coast Guard, shall . . . maintain the
currently effective policy regarding accession of transgender
individuals into military service beyond January 1, 2018, until such
time as the Secretary of Defense, after consulting with the
Secretary of Homeland Security, provides a recommendation to the
contrary that I find convincing . . . .”
Presidential Memorandum § 2(a).
The effect of the Court’s Order is to revert to the status quo with regard to accession and
retention that existed before the issuance of the Presidential Memorandum—that is, the retention
and accession policies established in the June 30, 2016 Directive-type Memorandum as modified
by Secretary of Defense James Mattis on June 30, 2017.
In all other respects, the Presidential Memorandum is not enjoined. It is further
ORDERED that Plaintiffs are not required to pay a security deposit. Fed. R. Civ. P.
65(c). It is further
ORDERED that the parties shall file a Joint Status Report indicating how they propose to
proceed in this matter by no later than November 10, 2017.
SO ORDERED.
/s/
COLLEEN KOLLAR-KOTELLY
United States District Judge