Shortly before 7 p.m. Central tonight (Tuesday, March 18), U.S. District Judge Ana Reyes in Washington, D.C., issued a temporary injunction blocking enforcement of Donald Trump’s executive order barring transgender people from serving in the U.S. military.
The ruling came in Talbott v. Trump, a lawsuit brought by GLAD Law and the National Center for Lesbian Rights, representing more than six transgender servicemembers.
Judge Reyes ruled that the executive order — one of several Trump has issued since his Jan. 20 inauguration targeting trans Americans — likely violates the U.S. Constitution’s prohibition on sex discrimination.
“The ban at bottom invokes derogatory language to target a vulnerable group in violation of the Fifth Amendment,” Judge Reyes wrote in her 79-page ruling, saying the executive order is “soaked in animus” and that “Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”
Reyes said the government had conceded the plaintiffs were excellent soldiers and living proof “transgender persons can have the warrior ethos, physical and mental health, selflessness, honor, integrity and discipline to ensure military excellence. So why discharge them and other decorated soldiers? Crickets from defendants on this key question.”
“Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”
U.S. District Judge Ana C. Reyes
The judge continued by saying, “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.”
Jennifer L. Levi, senior director of transgender and queer rights at GLAD Law and one of two lead attorneys for the plaintiffs, said, “Today’s decisive ruling speaks volumes. 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.”
NCLR Legal Director Shannon Minter, the second lead attorney in the case, added, “The court acted quickly today to shield our troops from the harmful effects of this irrational ban. 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,” Minter continued. “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. This ban is unjustifiable and attacks brave servicemembers, recruits, and families who sacrifice so much for our country.”
The case was filed Jan. 28 with six transgender servicemembers as plaintiffs, and 12 more have since joined as plaintiffs. They include Army 2nd Lt. Nicholas Talbott, U.S. Navy Ensign and student flight officer Dan Dandridge, U.S. Army Capt. Gordon Herrero and Army Sgt 1st Class Kate Cole.
Judge Reyes has delayed implementation of her ruling until Friday, March 21, to give the Trump administration time for an emergency appeal.
— Tammye Nash