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Judge blocks Trump admin from implementing transgender military ban

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  • A district judge issued a ruling blocking the implementation of President Donald Trump’s executive order banning transgender people from enlisting or serving in the military. The injunction won’t go into effect until Friday, March 21, to give the government time to appeal.
  • The judge said that the government could have crafted a policy that balances the need for military preparedness with America’s right to equal protection.
  • This new order goes much further than a similar policy Trump issued during his first term.

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A federal judge has indefinitely blocked enforcement of the Trump administration’s ban on transgender people enlisting or serving in the military.

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What did the judge say?

In her ruling, U.S. District Judge Ana Reyes said the ban violates the equal protection clause because it discriminates based on transgender status and sex.

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In her opinion, the judge wrote that the law’s language “is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”

She added in her order that the government “could have crafted a policy that balances the nation’s need for a prepared military and Americans’ right to equal protection.”

“They still can,” she said. “The military ban, however, is not that policy. The court therefore must act to uphold the equal protection rights that the military defends every day.”

Differences from Trump’s previous policy

Trump’s new order goes much further than a similar policy he issued during his first term.

While that order did ban trans people from enlisting, it still allowed those already serving to continue doing so in a manner consistent with their gender identities and continue receiving transition-related medical care if they came out before the ban.

When does the block take effect?

Reyes delayed the effect of her preliminary injunction until Friday to give the administration time to appeal.

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[Craig Nigrelli]

A FEDERAL JUDGE HAS INDEFINITELY BLOCKED ENFORCEMENT OF THE TRUMP ADMINISTRATION’S BAN ON TRANSGENDER PEOPLE ENLISTING OR SERVING IN THE MILITARY. 

IN HER RULING – U-S DISTRICT JUDGE ANA REYES SAID THE BAN VIOLATES THE EQUAL PROTECTION CLAUSE BECAUSE IT DISCRIMINATES BASED ON TRANSGENDER STATUS AND SEX. 

IN HER OPINION – THE JUDGE WROTE THE LAW’S LANGUAGE QUOTE… 

“IS UNABASHEDLY DEMEANING, ITS POLICY STIGMATIZES TRANSGENDER PERSONS AS INHERENTLY UNFIT, AND ITS CONCLUSIONS BEAR NO RELATION TO FACT.” 

REYES DELAYED THE EFFECT OF HER PRELIMINARY INJUNCTION UNTIL FRIDAY – TO GIVE THE ADMINISTRATION TIME TO APPEAL. 

SHE ADDED IN HER ORDER THAT THE GOVERNMENT QUOTE “COULD HAVE CRAFTED A POLICY THAT BALANCES THE NATION’S NEED FOR A PREPARED MILITARY AND AMERICANS’ RIGHT TO EQUAL PROTECTION.” 

ADDING – “THEY STILL CAN. 

THE MILITARY BAN, HOWEVER, IS NOT THAT POLICY. 

THE COURT THEREFORE MUST ACT TO UPHOLD THE EQUAL PROTECTION RIGHTS THAT THE MILITARY DEFENDS EVERY DAY.” 

TRUMP’S NEW ORDER GOES MUCH FURTHER THAN A SIMILAR POLICY HE ISSUED DURING HIS FIRST TERM. 

WHILE THAT ORDER DID BAN TRANS PEOPLE FROM ENLISTING… IT STILL ALLOWED THOSE ALREADY SERVING TO CONTINUE DOING SO IN A MANNER CONSISTENT WITH THEIR GENDER IDENTITIES AND CONTINUE RECEIVING TRANSITION-RELATED MEDICAL CARE IF THEY CAME OUT BEFORE THE BAN.