Latest news with #HegsethPolicy
Yahoo
28-03-2025
- Politics
- Yahoo
Another judge blocks the Pentagon from implementing Trump's transgender military ban
A federal judge in Washington state has blocked the Trump administration's ban on transgender military service, issuing a nationwide preliminary injunction just one day before the Pentagon was set to begin discharging transgender service members. Keep up with the latest in + news and politics. U.S. District Judge Benjamin H. Settle of the Western District of Washington ruled Thursday that the Trump administration's January executive order banning transgender people from serving openly in the armed forces is likely unconstitutional. "To be clear: the government's implementation of the Military Ban and the Hegseth Policy, and any other attempt to identify and separate transgender service members for being transgender, is preliminarily enjoined, nationally, pending a trial on the merits.' His decision immediately halts the ban nationwide, covering the plaintiffs in the case and all similarly situated service members, including those stationed overseas. Related: Federal judge blocks Trump's transgender military ban 'The government's arguments are not persuasive, and it is not an especially close question on this record,' Settle wrote in the ruling. 'The government's unrelenting reliance on deference to military judgment is unjustified in the absence of any evidence supporting 'the military's' new judgment reflected in the Military Ban—in its equally considered and unquestionable judgment, that very same military had only the week before permitted active-duty plaintiffs (and some thousands of others) to serve openly. Any evidence that such service over the past four years harmed any of the military's inarguably critical aims would be front and center. But there is none.' The decision in Commander Emily Shilling et al. v. United States et al. is the second federal injunction issued against the 2025 ban. Two weeks ago, Judge Ana C. Reyes of the U.S. District Court for the District of Columbia issued a preliminary injunction in Talbott v. United States, also finding the administration's policy unconstitutional. Reyes wrote that the ban failed intermediate scrutiny and appeared motivated by anti-trans animus. That ruling is now being appealed. Thursday's injunction comes just in time: the Pentagon had announced that enforcement would begin Friday through forced separations of openly transgender service members. That action is now blocked. Related: Fireworks in D.C. courtroom as judge hears DOJ request to undo block on trans military ban Lambda Legal and the Human Rights Campaign Foundation filed the Shilling lawsuit in February on behalf of seven active-duty transgender service members, a transgender person seeking to enlist, and the Seattle-based Gender Justice League. 'This decision affirms what we have long maintained: that banning Americans from military service solely because they are transgender is not only unconstitutional but undermines our national security and military readiness,' said Kell Olson, counsel at Lambda Legal. Sarah Warbelow, legal vice president of the Human Rights Campaign Foundation, called the ruling 'a win for our nation's brave servicemembers and affirms their sacrifices and commitment to our Armed Forces are to be venerated—not callously disregarded by slapshot policies.'
Yahoo
28-03-2025
- Politics
- Yahoo
Federal court warns Pentagon not to act against transgender service members during appeal
The Trump administration was warned by the U.S. Court of Appeals for the District of Columbia Circuit on Thursday to not act against transgender military members while a federal judge's order to block a ban on them was being appealed. The Department of Defense (DOD) led by Defense Secretary Pete Hegseth, filed a notice to appeal Washington, D.C.-based U.S. District Judge Ana Reyes' denial of their motion to dissolve her order that prevents the military from denying transgender people the ability to enlist in the military on Wednesday. The Biden-appointed judge presided over a hearing on March 21, when she requested the DOD delay its original deadline to enact the policy on March 26. On March 21, the defendants in the suit, who include President Donald Trump and Hegseth, filed a motion to dissolve the injunction blocking the Pentagon's ban. The filing argued that the policy is not an overarching ban but instead "turns on gender dysphoria – a medical condition – and does not discriminate against trans-identifying persons as a class." Federal Judge Denies Trump Admin's Effort To Ban Transgender People From Military The Trump administration further requested that, if the motion to dissolve is denied, the court should stay the preliminary injunction pending appeal. Read On The Fox News App Reyes denied the motion to dissolve, and the Trump administration filed an appeal. On Thursday, the D.C. Circuit said the purpose of the administrative stay is to give the court enough opportunity to consider the emergency motion for stay while under appeal. Hegseth Suggests Judge Report To Military Bases After Ruling That Pentagon Must Allow Transgender Troops The court added that the stay should not be construed as a ruling on the merits of the motion. "If any action occurs that negatively impacts service members under the Hegseth Policy and [Military Department Identification (MDI) Guidance] before the court lifts the administrative stay, the plaintiffs may file a motion to lift the administrative stay, and the court will consider it expeditiously," the court wrote. It added that appellees have until noon on April 1 to file a response. The government cited new guidance issued March 21 that it expected to enact the policy if not for the ongoing litigation. The guidance clarified that "the phrase 'exhibit symptoms consistent with gender dysphoria'" solely applies to "individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis." Trump Admin Asks Federal Judge To Dissolve Injunction Barring Transgender Military Ban Reyes said she wanted to allow more time for the appeals process. She also said she had previously allowed plenty of time to appeal her earlier opinion blocking the ban from going into effect. On Saturday, Hegseth said Reyes should report to military bases since she is "now a top military planner." "Since 'Judge' Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare," Hegseth wrote on X. On Wednesday, Reyes acknowledged that Military Department Identification Guidance (MIDI Guidance) is new, but the argument presented by the defense is not. Click To Get The Fox News App "Defendants re-emphasize their 'consistent position that the [Hegseth] Policy is concerned with the military readiness, deployability, and costs associated with a medical condition,'" the judge wrote. "Regulating gender dysphoria is no different than regulating bipolar disorder, eating disorders, or suicidality. The Military Ban regulates a medical condition, they insist, not people. And therein lies the problem. "Gender dysphoria is not like other medical conditions, something Defendants well know," Reyes continued. "It affects only one group of people: all persons with gender dysphoria are transgender and only transgender persons experience gender dysphoria." Fox News Digital's Haley Chi-Sing contributed to this article source: Federal court warns Pentagon not to act against transgender service members during appeal
Fox News
28-03-2025
- Politics
- Fox News
Federal court warns Pentagon not to act against transgender service members during appeal
The Trump administration was warned by the U.S. Court of Appeals for the District of Columbia Circuit on Thursday to not act against transgender military members while a federal judge's order to block a ban on them was being appealed. The Department of Defense (DOD) led by Defense Secretary Pete Hegseth, filed a notice to appeal Washington, D.C.-based U.S. District Judge Ana Reyes' denial of their motion to dissolve her order that prevents the military from denying transgender people the ability to enlist in the military on Wednesday. The Biden-appointed judge presided over a hearing on March 21, when she requested the DOD delay its original deadline to enact the policy on March 26. On March 21, the defendants in the suit, who include President Donald Trump and Hegseth, filed a motion to dissolve the injunction blocking the Pentagon's ban. The filing argued that the policy is not an overarching ban but instead "turns on gender dysphoria – a medical condition – and does not discriminate against trans-identifying persons as a class." The Trump administration further requested that, if the motion to dissolve is denied, the court should stay the preliminary injunction pending appeal. Reyes denied the motion to dissolve, and the Trump administration filed an appeal. On Thursday, the D.C. Circuit said the purpose of the administrative stay is to give the court enough opportunity to consider the emergency motion for stay while under appeal. The court added that the stay should not be construed as a ruling on the merits of the motion. "If any action occurs that negatively impacts service members under the Hegseth Policy and [Military Department Identification (MDI) Guidance] before the court lifts the administrative stay, the plaintiffs may file a motion to lift the administrative stay, and the court will consider it expeditiously," the court wrote. It added that appellees have until noon on April 1 to file a response. The government cited new guidance issued March 21 that it expected to enact the policy if not for the ongoing litigation. The guidance clarified that "the phrase 'exhibit symptoms consistent with gender dysphoria'" solely applies to "individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis." Reyes said she wanted to allow more time for the appeals process. She also said she had previously allowed plenty of time to appeal her earlier opinion blocking the ban from going into effect. On Saturday, Hegseth said Reyes should report to military bases since she is "now a top military planner." "Since 'Judge' Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare," Hegseth wrote on X. On Wednesday, Reyes acknowledged that Military Department Identification Guidance (MIDI Guidance) is new, but the argument presented by the defense is not. "Defendants re-emphasize their 'consistent position that the [Hegseth] Policy is concerned with the military readiness, deployability, and costs associated with a medical condition,'" the judge wrote. "Regulating gender dysphoria is no different than regulating bipolar disorder, eating disorders, or suicidality. The Military Ban regulates a medical condition, they insist, not people. And therein lies the problem. "Gender dysphoria is not like other medical conditions, something Defendants well know," Reyes continued. "It affects only one group of people: all persons with gender dysphoria are transgender and only transgender persons experience gender dysphoria."
Yahoo
27-03-2025
- Politics
- Yahoo
BREAKING: DOJ appeals block on Pentagon's transgender military ban
The U.S. Department of Justice on Thursday appealed a federal district court judge's ruling that blocks enforcement of the Trump administration's ban on transgender military service. Keep up with the latest in + news and politics. The appeal to the U.S. Court of Appeals for the D.C. Circuit comes one day after U.S. District Judge Ana C. Reyes denied the administration's emergency request to dissolve a preliminary injunction she issued on March 18 in Talbott v. Trump, a lawsuit brought by 32 trans plaintiffs challenging the ban. Keep up with the latest in + news and politics. In her Wednesday opinion, Reyes wrote that the federal government 'cannot evade discriminating against transgender people simply by labeling the policy as addressing gender dysphoria.' She also denied the government's request to stay the injunction pending appeal. Reyes' order blocking the ban is scheduled to take effect at 7 p.m. Eastern on Friday. The ruling halts the implementation of the policy laid out in President Donald Trump's Executive Order 14183 and the accompanying 'Hegseth Policy,' which attorneys for transgender service members suing the government say would result in involuntary separation of active-duty transgender military members and deny entry to transgender recruits. Related: Judge reinstates nationwide stop to Trump's trans military ban 'The government respectfully requests a stay pending appeal and an immediate administrative stay by March 28 at 7:00 P.M., when the district court stay expires,' DOJ lawyers wrote to the D.C. Circuit Court. 'Absent this relief, the military will be forced to continue implementing a policy that the Department has determined is not compatible with military readiness and lethality.' The DOJ claimed Reyes 'substituted [her] judgment for that of the military." Reyes had ruled that the government failed to show how transgender people serving in the military are detrimental to the armed forces. She highlighted that the government's studies, which the Pentagon relied on to generate the policy, indicate that trans troops can serve and deploy more than their cisgender counterparts diagnosed with depression. Reyes also noted that the Department of Defense spends exponentially more money on erectile dysfunction medication annually than it does for gender-affirming care. She ruled that the only reason for the ban is that government leaders don't like transgender people. Following the decision, the plaintiffs' legal teams issued statements condemning the administration's attempt to reinstate the ban. '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 Jennifer Levi, GLAD Law's senior director of transgender and queer rights. '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,' Shannon Minter, legal director of the National Center for Lesbian Rights, said. 'The government has conceded it has no evidence to support its position and no reason to discharge individuals who are serving capably and honorably.' Reyes had previously ruled that the policy is likely unconstitutional and wrote in her March 18 opinion that it 'fails intermediate scrutiny and is motivated by animus.' The D.C. Circuit will now consider the DOJ's appeal.
