US judge blocks Trump administration from banning transgender people from military service

A United States judge blocked enforcement of President Donald Trump’s executive order banning transgender people from military service on Tuesday, the latest in a string of legal setbacks for his sweeping agenda.

Federal Judge Ana Reyes in Washington, DC, ruled that Trump's order to exclude transgender troops from military service likely violates their constitutional rights.

She was the second judge of the day to rule against the administration, and both rulings came within hours of an extraordinary conflict as Trump called for impeaching a third judge who temporarily blocked deportation flights, drawing a rare rebuke from Chief Justice John Roberts.

Reyes delayed her order until Friday morning to give the administration time to 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.”

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The White House didn’t immediately respond to a message seeking comment.

Army Reserves 2nd Lt. Nicolas Talbott, one of 14 transgender active-duty servicemembers named as plaintiffs in the lawsuit, said he was holding his breath as he waited to find out if he would be separated from the military next week.

“This is such a sigh of relief,” he said. “This is all I’ve ever wanted to do. This is my dream job, and I finally have it. And I was so terrified that I was about to lose it.”

The judge issued a preliminary injunction requested by attorneys for six transgender people who are active-duty service members and two others seeking to join the military.

On January 27, Trump signed an executive order that claims 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 harmful to military readiness.

In response to the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service. Gender dysphoria is the distress that a person feels because their assigned gender and gender identity don’t match. The medical condition has been linked to depression and suicidal thoughts.

Plaintiffs’ attorneys contend Trump’s order violates transgender people’s rights to equal protection under the Fifth Amendment.

Government lawyers argue that military officials have broad discretion to decide how to assign and deploy servicemembers without judicial interference.

The judge said she did not take lightly her decision to issue an injunction blocking Trump’s order, noting that “Judicial overreach is no less pernicious than executive overreach.”

But, she said, it was also the responsibility of each branch of government to provide checks and balances for the others, and the court “therefore must act to uphold the equal protection rights that the military defends every day.”

Thousands of transgender people serve in the military, but they represent less than 1% of the total number of active-duty service members.

In 2016, a Defense Department policy permitted transgender people to serve openly in the military. During Trump’s first term in the White House, the Republican issued a directive to ban transgender service members. The Supreme Court allowed the ban to take effect. President Joe Biden, a Democrat, scrapped it when he took office.

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