A federal judge has on Tuesday blocked the enforcement of President Donald Trump’s executive order banning transgender people from military service.
U.S. District Judge Ana Reyes in Washington, D.C., ruled that Trump’s order to exclude transgender troops from military service likely violates their constitutional rights.
Reyes was the second judge of the day to rule against the administration, and both rulings came within hours of an extraordinary conflict as Trump called for impeaching a third judge who temporarily blocked deportation flights, drawing a rare rebuke from Chief Justice John Roberts.
Reyes, nominated by President Joe Biden, delayed her order until Friday morning to give the administration time to appeal.
“The court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes,” Reyes wrote.
“We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect.”
Reyes said she did not take lightly her decision to issue an injunction blocking Trump’s order, noting that “Judicial overreach is no less pernicious than executive overreach.”
But, she said, it was also the responsibility of each branch of government to provide checks and balances for the others, and the court “therefore must act to uphold the equal protection rights that the military defends every day.”
“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,” Reyes wrote.
Army Reserves 2nd Lt. Nicolas Talbott, one of 14 transgender active-duty service members named as plaintiffs in the lawsuit, said he was holding his breath as he waited to find out if he would be separated from the military next week.
“This is such a sigh of relief,” he said. “This is all I’ve ever wanted to do. This is my dream job, and I finally have it. And I was so terrified that I was about to lose it.”
Trump’s deputy chief of staff, Stephen Miller, posted about the ruling on social media, writing, “District court judges have now decided they are in command of the Armed Forces…is there no end to this madness?”
The judge issued a preliminary injunction requested by attorneys representing others seeking to join the military.
In 2016, a Defense Department policy permitted transgender people to serve openly in the military.
During Trump’s first term in the White House, the Republican issued a directive to ban transgender service members. The Supreme Court allowed the ban to take effect but former President Joe Biden, a Democrat, scrapped it when he took office.
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