Judge Calls Trump’s Transgender Military Ban ‘Unadulterated Animus’ in Heated Hearing

In a tense hearing in Washington, D.C. on Tuesday, a federal judge questioned the Trump administration's transgender military service ban's constitutionality and necessity.

Judge Ana Reyes, who is deciding whether LGBTQ+ advocacy groups' complaint on behalf of transgender military members was founded on evidence or prejudice, questioned the policy. She rejected government assertions that President Donald Trump's executive order was not a ban, citing its wording describing transgender people as dishonest, disrespectful, and irresponsible.

"We're dealing with unadulterated animus," Reyes stated in court.

A preliminary injunction is sought to stop the Pentagon from fully enforcing the policy, which has already restricted transgender service members' medical care and blocked new enlistments.

Trump's January executive order ordered the Defense Department to exclude most transgender people from serving, claiming a notion that transgender identity is “not consistent” with military service. The directive gives Defense Secretary Pete Hegseth 30 days to plan and 60 days to implement.

Hegseth has since ordered the military to stop transgender enlistments and gender-affirming medical treatments for active service members. Thus, numerous transgender personnel have been denied medical care and service issues. Among these are doctors who canceled surgery for Navy Petty Officer 3rd Class Audrie Graham owing to the new policy. Another would be, Army Staff Sgt. Roan Pickett was told to return from medical leave or go AWOL. Master Sgt. Amiah Sale must have surgery before being deployed to South Korea, where treatment is unavailable.

Justice Department lawyer Jason Lynch said at the hearing that Trump's directive only requires the Pentagon to adopt a strategy, not ban it. He mentioned the 2017 Trump administration policy, which limited transgender service but did not ban it.

Judge Reyes countered that Trump has termed the policy a ban and that the order clearly questions transgender military members' dignity, discipline, and integrity, which the earlier Trump administration policy never did.

Reyes also asked government attorneys if transgender service members undermine military readiness. She dismissed the idea without evidence, noting that if the military is negatively impacted by pronoun usage, it is a larger issue. If so, Reyes concluded, “ Our military is inept.”

Reyes agreed to suspend deciding on the injunction until the Pentagon submits its implementation plan on February 28. She set a follow-up hearing for March 3, underlining her doubts about the policy.

The lawsuit continues to challenge the restriction, alleging that excluding eligible transgender people damages military readiness.

‍