CNN
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A federal judge has indefinitely blocked President Donald Trump’s ban on transgender service members, dealing a major defeat to a controversial policy the president resurrected from his first term.
In a scathing ruling, US District Judge Ana Reyes said the administration cannot enforce the ban — which was set to take effect later this month.
Reyes, an appointee of former President Joe Biden, wrote that the ban “is soaked in animus and dripping with pretext. Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”
“Indeed, the cruel irony is that thousands of transgender servicemembers have sacrificed – some risking their lives – to ensure for others the very equal protection rights the Military Ban seeks to deny them,” she wrote.
The judge said she was pausing her preliminary injunction until Friday morning to give the administration time to appeal it to the DC Circuit Court of Appeals.
The ruling came in a case brought by transgender active-duty service members and others hoping to enlist in the military who would be barred from service under the ban. Reyes said they had shown that they would likely succeed on their claim that the ban violated rights afforded to them by the Constitution.
Days after taking office, Trump signed an executive order directing the Pentagon to implement its own policies that say transgender service members are incompatible with military service. The government had argued that continuing to permit trans individuals to serve in the US would negatively affect, among other things, the military’s lethality, readiness and cohesion.
“Defendants have not provided a legitimate reason for banning all transgender troops,” the judge wrote.
CNN has reached out to the Defense Department for comment.
Justice Department lawyers argued that the president had broad authority to determine who can serve in the military, but Reyes rejected that argument in her ruling, writing: “The President has the power — indeed the obligation — to ensure military readiness.”
“At times, however, leaders have used concern for military readiness to deny marginalized persons,” Reyes continued. “First minorities, then women in combat, then gays filled in that blank. Today, however, our military is stronger and our Nation is safer for the millions of such blanks (and all other persons) who serve.”
During Trump’s first term, a similar ban he issued in 2017 that drew at least four lawsuits arguing the prohibition represented an unconstitutional form of sex discrimination. Federal district courts across the nation temporarily blocked the ban from taking effect. Judges from Washington, DC, to Washington state said that it violated the constitutional rights of transgender people.
The Supreme Court, however, let the ban take effect in 2019, but did not rule on whether it was constitutional before President Joe Biden reversed it in 2021.
This story has been updated with additional details.
