A federal judge in Washington state temporarily blocked US President Donald Trump’s order banning transgender individuals from serving in the military, marking the second nationwide injunction against the policy within two weeks. US District Judge Benjamin Settle issued the ruling on Thursday in response to a lawsuit brought by transgender service members who argued that the ban was discriminatory and would cause irreversible harm to their careers.
“Absent an injunction, all transgender service members are likely to suffer the irreparable harm of losing the military service career they have chosen, while otherwise qualified accession plaintiffs will lose the opportunity to serve,” Settle wrote in his decision.
The ruling maintains the military’s existing policy on transgender service members, preventing the enforcement of Trump’s executive order issued in January. The order had declared that expressing a gender identity different from one’s assigned sex was incompatible with military service.
Settle’s decision follows a similar ruling last week by US District Judge Ana Reyes, who also blocked the ban but temporarily put her order on hold pending a government appeal. Additionally, a judge in New Jersey issued a more limited ruling on Monday, preventing the Air Force from removing two transgender service members.
Trump’s policy, which was enforced through a directive from Defence Secretary Pete Hegseth, sought to disqualify transgender individuals from serving unless they obtained special waivers. The Pentagon memo supporting the ban targeted individuals diagnosed with gender dysphoria, a condition affecting over 4,000 service members as of last year, according to a senior defence official.
The policy has been challenged by transgender rights groups, including the Gender Justice League, as well as active-duty service members. One of the plaintiffs, US Navy Cmdr Emily “Hawking” Shilling, has served for over 19 years, including 60 combat missions in Iraq and Afghanistan. Settle referenced her case, stating, “There is no claim and no evidence that she is now, or ever was, a detriment to her unit’s cohesion, or to the military’s lethality or readiness.”
The Trump administration had previously argued that the ban was necessary for military discipline and readiness. However, civil rights groups have countered that transgender service members have been serving openly for years without issue.
During Trump’s presidency, his administration had reversed a 2016 policy that allowed transgender individuals to serve openly. The Supreme Court later allowed the ban to take effect. However, President Joe Biden rescinded the restriction upon taking office.
The latest court rulings signal continued legal challenges to policies affecting transgender military personnel, with ongoing appeals and government arguments likely to shape the future of transgender rights in the US military.
