Federal Judge Blocks Trump’s Transgender Military Ban

A federal judge has issued a preliminary injunction against the enforcement of former President Donald Trump’s executive order that sought to ban transgender individuals from serving in the military, The Associated Press reports.

US District Judge Ana Reyes in Washington, D.C., ruled that the order likely violates the constitutional rights of transgender service members.

The ruling comes after a similar decision earlier in the day from another judge, highlighting ongoing legal challenges to the policy. Judge Reyes, nominated by President Joe Biden, has delayed the implementation of her order until Friday morning to allow the government time to appeal.

The lawsuit was brought by attorneys representing active-duty transgender service members, including Army Reserves 2nd Lt. Nicolas Talbott.

Trump’s January 27 executive order stated that the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is detrimental to military readiness.

Following the order, Defense Secretary Pete Hegseth implemented a policy that presumes individuals with gender dysphoria – the distress arising from a mismatch between assigned gender and gender identity – are disqualified from military service.

Attorneys for the plaintiffs argue that Trump’s order violates the Fifth Amendment, guaranteeing equal protection under the law. Government lawyers maintain that military officials have broad discretion to make decisions regarding the assignment and deployment of service members without judicial intervention.

While transgender individuals represent less than 1% of active-duty service members, thousands currently serve in the military.

In 2016, the Department of Defense established a policy permitting transgender individuals to serve openly. Then-President Trump initially issued a directive to ban transgender service members during his first term, which was temporarily allowed to take effect by the Supreme Court. Former President Biden rescinded the ban upon taking office.