(WASHINGTON) — President Donald Trump’s attempt to ban transgender people from military service continues an unfortunate history of the armed services excluding marginalized people from the “privilege of serving,” a federal judge wrote Tuesday night.
In a 79-page decision, U.S. District Judge Ana Reyes blocked the Trump administration from enacting the policy and offered a scathing rebuke of the Pentagon’s development of the policy.
“The Court’s opinion is long, but its premise is simple. In the self-evident truth that all people are created equal, all means all. Nothing more. And certainly nothing less,” Judge Reyes wrote.
A Defense Department memo last month said the Pentagon will be required to form a procedure to identify transgender troops by March 26 and separate them from the military by June 25, unless they receive an exemption. This includes service members receiving some form of treatment or hormones for that diagnosis of gender dysphoria, as well as those who have gone through a gender-affirming surgery.
According to Reyes, the Trump administration failed to justify the policy by articulating its impact on military readiness, harmed thousands of transgender servicemembers, and likely violated the United States Constitution.
“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 the privilege of serving,” Reyes wrote.
“[Fill in the blank] is not fully capable and will hinder combat effectiveness; [fill in the blank] will disrupt unit cohesion and so diminish military effectiveness; allowing [fill in the blank] to serve will undermine training, make it impossible to recruit successfully, and disrupt military order,” she added. “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.”
While the judge acknowledged that the judiciary should generally defer to military leadership, she said that permitting the policy to be enforced would be her following the Pentagon “blindly” after it justified the policy with “pure conjecture” during multiple court hearings.
Anticipating the Trump administration’s appeal, Reyes delayed her decision from taking effect until Friday so the Department of Justice could ask a higher court to stay her order.
“The Court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes. We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect. For, as Elmer Davis observed, ‘[t]his nation will remain the land of the free only so long as it is the home of the brave.’ The Court extends its appreciation to every current servicemember and veteran. Thank you,” the judge concluded her opinion.
There are currently 4,240 active-duty, National Guard and Reserve service members who have been diagnosed with gender dysphoria, a defense official previously told ABC News.
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