DOJ Moves to Lift Injunction on Transgender Military Ban

The Department of Justice filed a motion Friday morning to dissolve a preliminary injunction barring the Pentagon from enforcing the Trump administration's ban on transgender people from serving in the military.

On Feb. 11, the Pentagon said it would no longer allow transgender people to join the military, in accordance with President Donald Trump’s Jan. 27 executive order that declared the United States recognizes two sexes, male and female.

In a memo on Feb. 26, the Pentagon directed military leadership to begin identifying transgender service members within 30 days and to begin “separation actions” within 60 days.

In its Friday court filing, the administration argues that the injunction is based on U.S. District Judge Ana Reyes’ view that "the Hegseth Policy bans all transgender troops" from military service.

“That view is in turn based on an interpretation of, among other things, the following language in the DoD Policy: Service members who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are disqualified from military service,” the court filing states. “Defendants had explained, however, that the DoD Policy presumptively barring individuals from serving in the military turns on gender dysphoria—a medical condition—and does not discriminate against trans-identifying persons as a class.”

Reyes, who was appointed to the bench by former President Joe Biden, issued the preliminary injunction on Tuesday, saying the ban on transgender military service likely violated the constitutional prohibition on sex discrimination.

"The military ban is soaked in animus and dripping with pretext," Reyes wrote. "Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”

The judge stayed her ruling until Friday morning, giving the Trump administration time to file an appeal.

Furthermore, the motion argues, the administration advised the court that further guidance from the Department of Defense was expected by March 26.

The department issued the updated guidance on Friday, which "confirms that the phrase 'exhibit symptoms consistent with gender dysphoria' refers to the diagnostic criteria outlined in the Diagnostic and Statistical Manual of Mental Disorders" and "applies only to individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis (i.e., a marked incongruence and clinically significant distress or impairment for at least 6 months)."

"Whereas the Court has broadly construed the scope of the DoD Policy to encompass all trans-identifying servicemembers or applicants, the new guidance underscores Defendants’ consistent position that the DoD Policy is concerned with the military readiness, deployability, and costs associated with a medical condition—one that every prior Administration has, to some degree, kept out of the military. Given this confirmation, and for the other reasons stated in their prior opposition, Defendants ask that the Court dissolve its preliminary injunction."

If the court won't dissolve the injunction, the administration will ask to keep it pending appeal.