Sarah Toce
Federal Court Rejects Another Trump Administration Attempt to Implement the Transgender Military Ban and Reinstates Nationwide Preliminary Injunction
U.S. District Court Judge Ana Reyes has rejected a Trump administration motion to dissolve the nationwide preliminary injunction issued in Talbott v. Trump. Judge Reyes issued the injunction on March 18 in a forceful order in which she held that the ban undermines national security and is likely unconstitutional, calling it “soaked with animus and dripping with pretext.” Defendants filed the motion to dissolve on March 21.
In her opinion, Judge Reyes denied Defendants’ motion, holding that “Defendants cannot evade discriminating against transgender people simply by labeling the policy as addressing gender dysphoria.” Judge Reyes also denied Defendants’ request that she stay her preliminary injunction while the case proceeds.
As a result of this decision, Judge Reyes’ order blocking the government from enforcing the ban will take effect at 7 p.m. on Friday, March 28. That injunction halts implementation of the ban and protects transgender servicemembers and recruits from its significant harms while the future of the ban is being decided in court. These harms include servicemembers being removed from deployments, denied commissions and promotions, placed on administrative leave, denied medically needed care, and ultimately being placed in involuntary separation proceedings, a process used to address instances of misconduct.
“These efforts to stall the preliminary injunction from going into effect to protect our transgender troops burden military families with a crushing amount of pressure as they navigate a limbo with outcomes that will cause devastating harms to the military careers of these incredible soldiers,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “It is unthinkable that we would treat this way the brave individuals who sacrifice so much for our country.”
“This motion was nothing more than a last-ditch tactic to sow confusion and cause delay. There is no way to defend a policy that seeks to recklessly discard thousands of highly trained, skilled, and decorated transgender servicemembers, many of whom have deployed to critical locations across the globe. The government has conceded it has no evidence to support its position and no reason to discharge individuals who are serving capably and honorably,” said NCLR Legal Director Shannon Minter.
Talbott v. Trump was the first legal challenge filed against President Trump’s recent transgender military ban executive order. The case is on behalf of 32 plaintiffs and was brought by LGBTQ+ legal groups GLAD Law and NCLR with pro bono legal counsel from Wardenski P.C. and Kropf Moseley PLCC.
GLAD Law’s Jennifer Levi and NCLR’s Shannon Minter, the lead attorneys in this case, are transgender themselves and each have more than three decades of experience litigating landmark and key LGBTQ+ cases. Together, Levi and Minter led the legal fight in 2017 against the transgender military ban in Doe v. Trump and Stockman v. Trump, which also secured a nationwide preliminary injunction blocking that ban.
