Federal Court Rejects Another Trump Administration Attempt to Implement the Transgender Military Ban and Reinstates Nationwide Preliminary Injunction

Lead attorneys for the plaintiffs say military families face a “crushing amount of pressure” and that the motion to dissolve was “nothing more than a disingenuous, last-ditch tactic to sow confusion and cause delay”

U.S. District Court Judge Ana Reyes today rejected a Trump administration motion to dissolve the nationwide preliminary injunction issued in Talbott x 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 today, 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 today’s 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.

Os advogados principais em Talbott x Trump, GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi e NCLR Legal Director Shannon Minter, respond to Judge Reyes’ ruling:

“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, Diretora Sênior de Direitos Transgêneros e Queer da GLAD Law. “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 Diretora Jurídica da NCLR, Shannon Minter.

Talbott x Trump foi a primeira ação judicial movida contra a recente ordem executiva do presidente Trump que proíbe a entrada de pessoas transgênero no exército. O caso representa 32 demandantes e foi movido pelos grupos jurídicos LGBTQ+ GLAD Law e NCLR, com assessoria jurídica pro bono da Wardenski PC e da Kropf Moseley PLCC.

Jennifer Levi, da GLAD Law, e Shannon Minter, da NCLR, advogados principais neste caso, são transgêneros e cada um tem mais de três décadas de experiência em litígios em casos LGBTQ+ históricos e importantes. Juntos, Levi e Minter lideraram a luta jurídica em 2017 contra a proibição de transgêneros no exército. Doe v. Trump e Stockman x Trump, que também garantiu uma liminar nacional bloqueando essa proibição.

Saiba mais sobre Talbott x Trump.