A federal judge has rejected the Trump administration’s attempt to remove an injunction that stops the military from banning transgender individuals from service.
U.S. District Judge Ana Reyes, appointed by President Joe Biden and based in Washington, D.C., declined to lift her prior order that prevents the Pentagon from barring transgender people from enlisting.
This decision is part of the ongoing legal proceedings in Talbott v. Trump, which questions the legality of the administration’s policy. The Department of Justice has filed an appeal with the U.S. Court of Appeals for the District of Columbia.
Judge Reyes previously ruled that the ban likely violates constitutional rights, stating that the administration failed to justify how excluding transgender members benefits military objectives. Her written opinions have consistently criticized the policy.
The Pentagon intended to implement the transgender ban on Friday, but Reyes’ ruling delays this pending appeals. On March 21, she asked the Department of Defense to postpone its original March 26 implementation date.
The legal contention focuses on whether the policy is discriminatory against transgender individuals or a justified restriction based on medical conditions.
On March 21, the defendants, including President Trump and Defense Secretary Pete Hegseth, requested the injunction be lifted, arguing that the policy targets gender dysphoria, a medical condition, rather than broadly discriminating against transgender individuals.
Judge Reyes addressed this in her ruling by distinguishing gender dysphoria from other medical conditions, stating that the administration’s comparison to conditions like bipolar disorder or eating disorders was flawed. She emphasized that gender dysphoria uniquely impacts transgender individuals, making a ban effectively target them.
The Trump administration also asked that if the motion were denied, the court should stay the injunction pending appeal, citing new guidance issued March 21, which clarified that “exhibit symptoms consistent with gender dysphoria” applies only to diagnosable individuals.
Reyes acknowledged the new Military Department Identification Guidance (MIDI Guidance) but noted that while the guidance was new, the defense’s argument was not. She expressed a need to allow more time for the appeals process, highlighting that ample time had been previously given to appeal her decision.
“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 wrote in her earlier decision granting the preliminary injunction.
Tensions between the court and the administration have been apparent. On Saturday, Defense Secretary Hegseth criticized the judge on social media, suggesting she should report to military bases to train Army Rangers and Green Berets, highlighting the administration’s frustration.
Judge Reyes noted the government’s acknowledgment of the plaintiffs as exemplary soldiers, demonstrating the qualities necessary for military excellence.
Reyes commented on the public debate and anticipated appeal from the Trump administration, reminding that service members enable such debates through their sacrifices. She concluded by expressing gratitude to all service members.
Alongside this case is a Supreme Court case, United States vs. Skrmetti, which examines whether the equal protection clause prevents states from allowing medical professionals to administer puberty blockers and hormones for minors’ gender transitions.
According to the Pentagon’s proposed policy, service members diagnosed with gender dysphoria would face separation but could apply for a waiver if a compelling government interest exists. The policy would also enforce sex-based terms, standards, and prohibit using Defense Department funds for gender dysphoria-related procedures.
The Talbott v. Trump case involves six current military members and two potential recruits, representing all branches and having commendable service records.
“So why discharge them and other decorated soldiers?” Reyes stated, pointing out the administration’s failure to address this critical issue.
Shannon Minter, legal director for the National Center for Lesbian Rights, representing several plaintiffs, praised Reyes’ decision for protecting troops from what Minter described as an irrational ban.
The Department of Justice has defended the administration’s actions, and with the appeal filed, the case is expected to proceed in the U.S. Court of Appeals for the District of Columbia.
While estimates vary, it is believed that between 2,000 and 15,500 transgender individuals serve in the U.S. military, out of approximately 1.3 million active-duty personnel.