Federal Judge Blocks Trump Administration’s Transgender Military Service Ban

by Aryn Fields •

A federal district court today issued a nationwide preliminary injunction immediately blocking enforcement of the Trump administration’s executive order banning transgender people from enlisting or continuing to serve in the United States Armed Forces. This is the third federal judge to block the military ban in the last week, following a preliminary injunction issued by the U.S. District Court in Washington, D.C. last week and temporary restraining order issued by the federal district court in New Jersey on Monday. The nationwide injunction applies to not only the lawsuit’s plaintiffs but also any similarity situated individual including servicemembers out of the country. 

“The Court’s decision today confirms that this ban on transgender people serving in the military is not only un-American, it’s unconstitutional,” said Sarah Warbelow, Human Rights Campaign Foundation Legal VP. “Transgender servicemembers meet the same rigorous standards and requirements as any other soldier and this ban does nothing other than compromise our country’s national security for the sole purpose of discrimination. This ruling is 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.” 

"Today's preliminary injunction is a crucial victory for the thousands of transgender servicemembers who have been serving our country with honor and distinction,” said Kell Olson, Counsel and F. Curt Kirschner, Jr. Strategist for LGBTQ+ Seniors, Lambda Legal. “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. These brave individuals deserve to be judged on their ability to serve, just like everyone else. While this injunction is an important step forward, we continue to fight until this discriminatory ban is permanently struck down.”

In February, the Human Rights Campaign Foundation and Lambda Legal filed a federal lawsuit challenging the constitutionality of the Trump administration’s ban on military service by transgender people. The lawsuit was filed on behalf of seven actively serving transgender service members, a transgender person seeking to enlist in the military, and Gender Justice League, a civil and human rights organization headquartered in Seattle. 

On February 19, the Human Rights Campaign Foundation and Lambda Legal asked the District Court to block the implementation of the executive order. On March 25, the Human Rights Campaign Foundation and Lambda Legal went to court in Tacoma, Washington to urge the District Court to block enforcement of the Trump administration’s Transgender Military Ban.

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