Federal court warns Pentagon not to act against transgender service members during appeal
The U.S. Court of Appeals for the District of Columbia Circuit issued a warning to the Trump administration on Thursday to refrain from taking action against transgender military members while a federal judge’s order to block a ban on them was under appeal. This warning came after the Department of Defense (DOD), led by Defense Secretary Pete Hegseth, filed a notice to appeal a decision by U.S. District Judge Ana Reyes that prevented the military from denying transgender individuals the opportunity to enlist in the military.
Judge Reyes, who was appointed by President Biden, presided over a hearing on March 21 where she requested the DOD to delay the implementation of the ban. Despite this request, the defendants, including President Trump and Hegseth, filed a motion to dissolve the injunction blocking the Pentagon’s ban. They argued that the policy was not a blanket ban but rather focused on gender dysphoria, a medical condition, and did not discriminate against transgender individuals as a whole.
The Trump administration also requested that if the motion to dissolve was denied, the court should stay the preliminary injunction pending appeal. However, Reyes denied the motion, prompting the administration to file an appeal. In response, the D.C. Circuit stated that the purpose of the administrative stay was to allow the court time to consider the emergency motion for a stay during the appeal, emphasizing that the stay should not be seen as a ruling on the merits of the motion.
The court set a deadline for appellees to respond by noon on April 1 and highlighted that any negative impact on service members under the Hegseth Policy should be reported promptly. Additionally, they mentioned new guidance issued by the government on March 21, clarifying the application of the phrase “exhibit symptoms consistent with gender dysphoria” to individuals with a diagnosis of such symptoms.
Reyes expressed her intent to allow more time for the appeals process, acknowledging that the MIDI Guidance was new but reiterating that the defense’s argument was not. In response to these developments, Hegseth suggested that Reyes should report to military bases, sarcastically referring to her as a “top military planner.” Despite the ongoing legal battle, Reyes emphasized that gender dysphoria is not like other medical conditions and affects only transgender individuals.
In conclusion, the case involving the ban on transgender military members continues to unfold, with legal battles and appeals shaping the future of transgender individuals in the military. The unique nature of gender dysphoria and its impact on transgender individuals remain central to the ongoing debate.
