
A federal judge has blocked President Trump’s ban on transgender troops, asserting the executive order violates constitutional rights of service members who have put their lives on the line for America.
Quick Takes
- U.S. District Judge Ana C. Reyes issued a preliminary injunction against the Trump administration’s attempt to ban transgender service members from the military
- The Pentagon had begun implementing separation orders for transgender troops, claiming gender dysphoria is “incompatible” with military service
- Two decorated Air Force members with exemplary service records were temporarily saved from separation by a separate ruling in New Jersey
- The Defense Department estimates 4,240 active duty service members have gender dysphoria, while other organizations estimate about 14,700 transgender troops
- A 2016 RAND Corp. study found no negative impact on military readiness from allowing transgender individuals to serve
Federal Court Halts Trump Administration’s Transgender Military Ban
The legal battle over transgender military service escalated this week as a federal judge in Washington D.C. issued a preliminary injunction blocking the Trump administration’s recent policy barring transgender individuals from serving in the armed forces. U.S. District Judge Ana C. Reyes ruled that the Department of Defense cannot implement the ban, stating it likely violates the constitutional rights of service members. The challenge was brought by six transgender service members and two prospective service members against President Trump’s January 27 executive order that claimed transgender identity was harmful to military readiness.
The Pentagon had already begun implementing the order through a policy memo that labeled gender dysphoria as “incompatible” with military service, directing military leaders to identify transgender service members and begin separation actions. The ruling represents a significant setback for the administration’s attempts to restrict transgender military service and joins a growing list of federal court actions pausing or blocking various executive actions. President Trump has previously pledged to appeal court rulings against his administration but has also criticized judges who rule against him.
Air Force Service Members Win Temporary Reprieve
In a separate but related case, U.S. District Judge Christine O’Hearn temporarily blocked the separation of two transgender Air Force service members – Master Sgt. Logan Ireland and Staff Sgt. Nicholas Bear Bade. Both service members have exemplary records, having served in various international deployments, yet were placed on administrative absence following the executive order. Their lawsuit claims this action is stigmatizing and argues that the orders subjected them to unequal and demeaning treatment, recognizing only two sexes and barring transgender individuals from serving openly.
“Indeed, the cruel irony is 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.” – Reyes
Judge O’Hearn ruled that Ireland and Bade would face severe harm without a preliminary injunction and that the defendants – acting Air Force Secretary Gary Ashworth and Defense Secretary Pete Hegseth – had not shown a compelling justification for the immediate implementation of the orders. This decision provides temporary protection for the two service members while the broader legal challenge continues through the courts, representing a significant precedent in the ongoing legal battles over transgender military service policies.
Debate Over Military Readiness and Service Eligibility
At the center of the legal battle is the question of whether transgender status affects military readiness. The Trump administration’s policy claims it does, but critics point to evidence suggesting otherwise. A 2016 RAND Corporation study found no negative impact from allowing transgender individuals to serve. The Defense Department estimates 4,240 active duty service members have gender dysphoria, while the Palm Center, a research institute focusing on LGBTQ military issues, estimates about 14,700 transgender troops currently serve.
“The President has the power—indeed the obligation—to ensure military readiness. At times, however, leaders have used concern for military readiness to deny marginalized persons the privilege of serving.” – Reyes
Judge Reyes specifically criticized the language of the executive order in her ruling, noting the historical misuse of military readiness concerns to deny service opportunities to marginalized groups. The decision comes as the Department of Veterans Affairs had already announced reduced access to medical treatment for veterans with gender dysphoria, reflecting the administration’s broader stance on transgender issues. The ruling was celebrated by GLAD Law and other advocacy organizations representing the plaintiffs, who emphasized the significance of defending transgender service members’ rights against policies they view as discriminatory.
Sources:
- Pentagon Blocked From Dismissing 2 Trans Airmen
- Federal court blocks Trump administration from separating 2 transgender airmen