U.S. District Judge Ana Reyes in Washington, D.C. 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.
"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.”
Reyes, who was nominated by President Joe Biden, 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.”
The White House didn’t immediately respond to a message seeking comment. Trump’s deputy chief of staff, Stephen Miller, posted about the ruling on social media, writing, “District court judges have now decided they are in command of the Armed Forces…is there no end to this madness?”
The judge issued a preliminary injunction requested by attorneys who also represent others seeking to join the military.
On Jan. 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.
Reyes 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.”
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 scrapped it when he took office.
Hegseth’s Feb. 26 policy says service members or applicants for military service who have “a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.”
