A federal judge in D.C. on March 18 blocked President Donald Trump’s ban on transgender service members, which was scheduled to take effect on March 21.
U.S. District Judge Ana Reyes issued the preliminary injunction, saying the policy violates the Constitution.
“Indeed, the cruel irony is that thousands of transgender service members have sacrificed — some risking their lives — to ensure for others the very equal protection rights the military ban seeks to deny them,” Reyes wrote.
The legal challenge to Trump’s trans military ban executive, Talbott v. Trump, was brought by LGBTQ groups GLAD Law and National Center for Lesbian Rights.
Reyes found that the ban violates equal protection because it discriminates based on trans status and sex and because “it is soaked in animus,” noting that its language is “unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”
The lead attorneys in the case are GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and NCLR Legal Director Shannon Minter.
“Today’s decisive ruling speaks volumes,” said Levi. “The court’s unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation. Given the court’s clear-eyed assessment, we are confident this ruling will stand strong on appeal.”
Nicolas Talbott, a second lieutenant in the Army Reserves, and Erica Vandal, a major in the U.S. Army, are two of the 14 plaintiffs in the case. They spoke during a virtual press conference with Levi and Minter on Wednesday.
“Yesterday’s ruling is just such a tremendous step forward for transgender service members,” said Talbott.
Vandal added the ruling “clearly recognizes that transgender soldiers, sailors, airmen, and Marines have been serving openly as our authentic selves for nearly a decade in every capacity, at every echelon, in every theater and combat zone across the world, all while meeting and exceeding the same standards as every one else without causing any degradation or unit cohesion.”
Levi said Reyes’s ruling requires “the military to return to business as usual.”
The decision is stayed until 10 a.m. on Thursday. It is not immediately clear whether the Trump-Vance administration will challenge it.
“What the order does is stave off, put off any effect of the ban actually being implemented against any individuals,” said Levi.
Washington Blade courtesy of the National LGBTQ Media Association.
