In a landmark ruling, a federal judge has temporarily blocked the enforcement of a new Defense Department policy that prohibits transgender individuals from serving in the U.S. military. U.S. District Judge Ana Reyes granted a preliminary injunction following a request from transgender active-duty service members and individuals currently in the enlistment process. This decision halts the implementation of President Trump's executive order and additional guidance barring transgender people from military service.
Judge Reyes's order is set to remain on hold until March 21, allowing the Justice Department the opportunity to seek emergency relief from the U.S. Court of Appeals for the District of Columbia Circuit. Appointed by former President Joe Biden, Judge Reyes made her decision after extensive hearings earlier this month, during which she rigorously questioned Justice Department lawyers regarding the Defense Department's justifications for the ban.
In her 79-page decision, Reyes highlighted the stark reality faced by thousands of transgender service members who have sacrificed their well-being and safety to uphold the very rights that the Military Ban aims to deny them. She stated, "The court's opinion is long, but its premise is simple. In the self-evident truth that 'all people are created equal,' all means all. Nothing more. And certainly nothing less."
Jennifer Levi, senior director of transgender and queer rights for GLAD Law, which is one of the leading legal advocates in the case, called the ruling decisive and indicative of the systemic issues posed by the ban. She noted, "The court's unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation." Levi expressed confidence that the ruling would withstand any appeal.
The controversial policy emerged from an executive order issued by President Trump in late January, which directed Secretary of Defense Pete Hegseth to implement a policy regarding transgender service members focused on troop readiness. The order claimed that a gender identity inconsistent with an individual's sex undermines a soldier's commitment to an honorable and disciplined lifestyle, asserting that a man's identification as a woman conflicts with the qualities required of a service member.
This executive order also rescinded a measure established by President Biden in January 2021 that permitted transgender individuals to serve openly in the military. In response to Trump's directive, Secretary Hegseth issued a memorandum in early February that halted recruitment of new service members diagnosed with gender dysphoria and paused gender-affirming care for existing transgender troops.
The Pentagon subsequently announced that it would begin the process of removing transgender troops from the military within 30 days unless they obtained a waiver. The memo indicated that individuals diagnosed with gender dysphoria would no longer be eligible for military service and mandated that pronouns used to refer to service members must align with their assigned sex at birth. The memo also prohibited the use of Pentagon funds for gender-affirming care.
The lawsuit challenging the ban was filed in late January by over a dozen transgender active-duty service members and individuals in the enlistment process, who argued that the ban was unconstitutional. In her ruling, Judge Reyes determined that the plaintiffs were likely to succeed in their claim that the ban fails to meet the highest standard of judicial scrutiny, as it discriminates based on sex and transgender status. Reyes noted that the policy is rife with unconstitutional animus, stating, "The Military Ban is soaked in animus and dripping with pretext."
Judge Reyes emphasized that the Trump administration could create a policy that effectively balances national security with the fundamental rights of all individuals. She concluded that the current Military Ban is not that policy and that the court must act to uphold the equal protection rights that the military is sworn to defend. This ruling is anticipated to be appealed by the Justice Department and represents a significant legal challenge to the Trump administration's policies, which have faced multiple setbacks in the courts.
