Judge blocks Trump’s order banning transgender troops in military
A federal judge has temporarily blocked the enforcement of US President Donald Trump’s ban on transgender military service while a lawsuit challenging the policy proceeds.
unbranded – Newsworthy
A second federal judge on Monday temporarily blocked the Pentagon’s policy banning transgender troops, after two Air Force servicemembers said they had been removed from training and assignments and faced removal from the military as early as Wednesday.
“These harms are immediate, ongoing, and significant, and cannot be remedied in the ordinary course of litigation,” U.S. District Judge Christine O’Hearn in New Jersey wrote, temporarily blocking the policy.
Her order came after U.S. District Judge Ana Reyes in Washington, D.C., temporarily blocked the same policy, in a different challenge on March 18 while the case continues to be litigated. She paused the order to give the Trump administration time to appeal.
The D.C. case largely deals with Army and Navy servicemembers, while the New Jersey case features Air Force sergeants. In both cases, decorated troops are fighting to remain in the military where they have earned commendations. The Trump administration is expected to appeal both initial rulings in different appeals circuits, which would allow the matter to potentially reach the Supreme Court, if necessary, to uphold the policy.
Transgender troops have filed at least three lawsuits against Defense Secretary Pete Hegseth’s policy, which followed President Donald Trump’s executive orders declaring, contrary to a broad medical consensus, that there are only two sexes and requiring transgender troops to serve in the uniform and barracks of their birth sex.
“Staff Sergeant Bade and Master Sergeant Ireland had both already fallen victim to this administration’s aggressive implementation of the ban, being yanked from key deployments and forced onto administrative absence against their will,” Jennifer Levi, who represented the airmen at GLAD Law, said in a statement. “These airmen have risked everything to protect American freedoms − they deserve better than becoming the targets of a calculated, political purge.”
Pentagon policy requires troops to serve in uniform, facilities of sex assigned at birth
The Defense Department policy released on Feb. 26 directed the service branches to identify service members “who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria” by March 26 and “separate” or remove those who don’t obtain special waivers by June 25. These waivers allow servicemembers to remain in the military if they have “never attempted to transition to any sex other than their sex” and adhere to “standards associated with the Service member’s sex.”
The policy states the military will not allow male servicemembers “to use or share sleeping, changing, or bathing facilities designated for females” or vice versa, “absent extraordinary operational necessity.” The military also refused to pay for sex reassignment surgery, which was previously covered with a physician’s recommendation.
“It is the policy of the United States government to establish high standards for service member readiness, lethality, cohesion, honesty, humility, uniformity, and integrity,” the policy memorandum states. “This policy is inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria or who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria.”
Ireland and Bade each faced involuntary separation from the military as early as Wednesday under the policy, the judge wrote.
Ireland and Bade were subjected to “immediate adverse actions” under the new policy, including forced administrative absence and removal from their training assignments and active deployment, O’Hearn wrote.
Transgender troops vow to serve with ‘expertise, character’
Master Sgt. Logan Ireland and Staff Sgt. Nicholas Bear Bade, who are both transgender males, have exemplary service records, the judge wrote. Ireland has served 14 years with deployments to Afghanistan, South Korea and the United Arab Emirates, earning four Air Force Commendation Medals, two Air Force Achievement Medals and other awards.
“Thousands of transgender service members like me fill critical roles requiring years of specialized training,” Ireland said in a statement. “Removing us creates dangerous operational gaps across every theater.”
Bade has served for six years including deployment in Kuwait and received several awards.
“I was inspired by my grandfather’s World War Two service and felt called to defend American freedom and democracy,” Bade said in a statement. “For six years, I’ve strived to embody what Americans expect from their military: expertise, character, and leadership. Now, I’ve been prevented from serving the troops I mentor and the nation I’ve committed my life to protect – all while living by the Airman’s Creed that I will never falter, and I will not fail.”
When the policy took effect, Ireland was part of a training program at Joint Base McGuire-Dix-Lakehurst in New Jersey. Bade was deployed at the time to Ali Al Salem Airbase in Kuwait. Both were penalized under the policy while the case was litigated, including removal from their training assignments and active deployment, the judge wrote.
The Pentagon began accepting transgender troops to serve openly during the Obama administration in June 2016. The change came after a yearlong study, which included a Rand report on 18 other countries that allow transgender service found it would have no adverse impact on unit cohesion, operational effectiveness or readiness.
But Trump tried to ban transgender service during his first term, which was hindered in the courts, and again this year. The Justice Department contends judges should defer to the Pentagon in setting military policy.