U.S.A.: Another federal judge blocks Trump policy banning trans troops in the military

In Washington state, a U.S.A. judge has halted the enforcement of President Trump’s order banning trans individuals from military service, marking the second nationwide injunction against this policy within two weeks.

U.S.A. District Court Judge Benjamin Settle in Tacoma issued the order on Thursday in a case brought by long-serving trans military members who argue that the ban is degrading and discriminatory, and that being discharged would seriously harm their careers and reputations.

According to ‘NBC News’, in his 65-page decision, Judge Settle, appointed by former President George W. Bush and a former U.S.A. Army Judge Advocate General Corps captain, noted that the administration failed to justify why trans troops, who have served openly for the past four years without issues, should now be banned.

“The government’s arguments are not persuasive, and it is not an especially close question on this record,” Settle wrote. “The government’s unrelenting reliance on deference to military judgment is unjustified in the absence of any evidence supporting ‘the military’s’ new judgment reflected in the Military Ban.”

Similarly, a week earlier, U.S.A. District Judge Ana Reyes in Washington, D.C., had issued a similar order blocking the policy but temporarily paused her ruling pending the government’s appeal. The U.S.A. Circuit Court of Appeals for the District of Columbia notified the parties late Thursday that it would consider enforcing the ruling if “any action occurs that negatively impacts” trans service members.

On Monday, a judge in New Jersey issued a more limited ruling, preventing the Air Force from discharging two transgender men, as they demonstrated that their separation would irreparably harm their careers and reputations in ways that financial compensation could not address.

On January 27, Trump signed an executive order asserting that the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is detrimental to military readiness.

Consequently, Defense Secretary Pete Hegseth implemented a policy that presumptively disqualifies transgender individuals from military service.

“They can do the right number of pullups. They can do the right amount of pushups. They can shoot straight,” said Sasha Buchert, an attorney with the civil rights law firm Lambda Legal, after a hearing in Tacoma. “Yet, they’re being told they have to leave the military simply because of who they are.”

The plaintiffs challenging the policy and Trump’s executive order in Tacoma include the Gender Justice League, which has transgender military members among its ranks, and several transgender military members like U.S. Navy Commander Emily “Hawking” Shilling, a 42-year-old who has served for over 19 years, including 60 missions as a combat aviator in Iraq and Afghanistan. Judge Settle highlighted her case in his ruling.

“There is no claim and no evidence that she is now, or ever was, a detriment to her unit’s cohesion, or to the military’s lethality or readiness, or that she is mentally or physically unable to continue her service,” he wrote. “There is no claim and no evidence that Shilling herself is dishonest or selfish, or that she lacks humility or integrity. Yet absent an injunction, she will be promptly discharged solely because she is transgender.”

During the arguments on Monday, Justice Department attorney Jason Lynch maintained that the president deserved deference in military matters and implied that the service ban was not as expansive as the plaintiffs suggested.

The judge questioned Lynch extensively, pointing out that the government provided no evidence that allowing transgender individuals to serve openly has had any adverse effects on military readiness.

Thousands of trans individuals serve in the military, although they comprise less than 1% of the active-duty service members.

In 2016, a Defense Department policy allowed transgender individuals to serve openly. However, during his first term, Trump issued a directive to ban trans service members, making exceptions for some who had begun transitioning under more permissive rules in place during the Obama administration. The Supreme Court permitted the ban to be enforced. President Joe Biden, a Democrat, reversed it when he assumed office.

The Hegseth policy contains no such exceptions.