A federal judge has blocked President Donald Trump’s executive order that banned transgender people from enlisting or serving in the military, ruling that the policy violates constitutional protections.
U.S. District Judge Ana Reyes determined Tuesday that the ban violates the equal protection clause by discriminating based on transgender status and sex. In her ruling, she described the policy as “soaked in animus” toward transgender individuals.
“Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact,” Reyes wrote in her decision. She noted the “cruel irony” that “thousands of transgender servicemembers have sacrificed — some risking their lives — to ensure for others the very equal protection rights the Military Ban seeks to deny them.”
The judge delayed implementation of her preliminary injunction until Friday to allow the administration time to appeal. She emphasized that the government “could have crafted a policy that balances the Nation’s need for a prepared military and Americans’ right to equal protection.”
Trump’s new order represents a significant expansion from a similar policy during his first term. The current ban not only prohibits transgender people from enlisting but also requires the Pentagon to identify all transgender service members with “a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria.” Those identified would be disqualified and removed from their positions, according to a Pentagon memo filed in the lawsuit.
Shannon Minter, legal director for the National Center for Lesbian Rights, which represents several transgender service members and potential enlistees in the lawsuit, praised the ruling for “shielding our troops from the harmful effects of this irrational ban.”
“The ban’s harmful impact and rushed implementation show that it was motivated by prejudice,” Minter said. “Our plaintiffs include lifelong military personnel who served in combat in Afghanistan, come from multi-generation military families, and have received honors like the Bronze Star.”
During preliminary hearings, Reyes questioned Justice Department attorneys about language in the order stating that a transgender person’s identity “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.” She repeatedly pressed whether this demonstrated animus toward the transgender community.
The White House and Justice Department did not immediately respond to requests for comment on the ruling.
