A federal judge in Washington, D.C. on Tuesday blocked President Donald Trump's ban on transgender service members, which was scheduled to take effect on Friday.
U.S. District Judge Ana Reyes issued the preliminary injunction, saying the policy violates the Constitution. Reyes, an appointee of former President Joe Biden, is the first Latina and first openly LGBTQ person to serve as a district court judge in D.C.
"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 GLBTQ Legal Advocates and Defenders and the San Francisco-based 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, a lesbian, and NCLR legal director Shannon Minter, a trans man.
"Today's decisive ruling speaks volumes," Levi stated in a joint news release from the organizations. "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."
Minter praised the swiftness of the ruling.
"The court acted quickly today to shield our troops from the harmful effects of this irrational ban," he stated. "It would have ended careers of dedicated transgender servicemembers and created personnel gaps, leaving others to fill critical roles. The ban's harmful impact and rushed implementation show that it was motivated by prejudice.
"Our plaintiffs include lifelong military personnel who served in combat in Afghanistan, come from multi-generation military families, and have received honors like the Bronze Star," Minter added. "This ban is unjustifiable and attacks brave servicemembers, recruits, and families who sacrifice so much for our country."
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' 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.
Trump signed the executive order banning trans service members January 27, as the Washington Blade previously reported. Less than 24 hours after the executive order was issued, GLAD and NCLR filed suit in federal court.
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