A federal judge on Tuesday blocked US President Donald Trump‘s executive order prohibiting transgender individuals from serving in the military, adding to a series of judicial challenges to his broad policy initiatives.
In Washington DC, US District Judge Ana Reyes determined that Trump’s directive to exclude transgender troops likely infringes upon their constitutional protections.
She postponed implementing her decision until Friday to allow the administration to lodge an appeal. “The court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes,” Reyes wrote. “We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect.”
The preliminary injunction was granted following a request from lawyers representing six active-duty transgender service members and two prospective military recruits. The plaintiffs include distinguished service members: an Army Reserves platoon leader from Pennsylvania, a Bronze Star recipient Army major who served in Afghanistan, and a Navy Sailor of the Year award winner.
Their legal representatives from the National Center for Lesbian Rights and GLAD Law emphasise these troops simply wish to continue their military service. The attorneys highlighted the policy’s sudden reversal, arguing it undermines unit cohesion and military strength whilst disparaging honourable transgender service members.
Trump’s order
On January 27, Trump issued an executive order stating that transgender service members’ sexual identity “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and undermines military preparedness.
Defence Secretary Pete Hegseth responded with a policy that generally excludes individuals with gender dysphoria from military service. This condition, characterised by distress arising from a mismatch between assigned and identified gender, is associated with depression and suicidal ideation.
The plaintiffs’ legal representatives assert that Trump’s order violates Fifth Amendment equal protection rights for transgender individuals. Government solicitors maintain that military officials should retain broad authority to manage service member assignments and deployments without judicial oversight.
Whilst transgender service members constitute less than 1% of active-duty personnel, thousands currently serve in the military.
A 2016 Defence Department policy permitted open transgender military service. During Trump’s presidency, he implemented a transgender service ban, which the Supreme Court allowed. President Joe Biden later reversed this ban upon taking office.
Hegseth’s February 26 policy declares that service members or applicants showing symptoms of, having a history of, or currently diagnosed with gender dysphoria are unsuitable for military service due to strict mental and physical requirements.
This comes after federal judges in Seattle and Baltimore have separately suspended Trump’s executive order halting federal support for gender-affirming care for transgender youth under 19. Recently, a judge prevented prison officials from moving three transgender women to men’s facilities and ending their hormone therapy access.
Trump has also issued orders regarding gender-related school curriculum and aimed to prevent transgender athletes from participating in girls’ and women’s sports.
