A federal judge in Washington state has issued a block against the enforcement of former President Donald Trump’s directive prohibiting transgender individuals from serving in the U.S. military. This ruling marks the second nationwide obstruction against the policy within the past fortnight.
The ruling by U.S. District Court Judge Benjamin Settle in Tacoma emerged from a lawsuit filed by several veteran transgender service members. These individuals argue that the ban is both degrading and discriminatory, and that being dismissed from service would severely impact their careers and reputations.
Judge Settle, who was appointed by former President George W. Bush and served as a captain in the U.S. Army Judge Advocate General Corps, expressed in a detailed 65-page opinion that the administration did not provide a rationale for prohibiting transgender individuals from serving openly. Transgender troops had served without issues for the preceding four years.
“The government’s arguments lack conviction, and this case is not close on the presented evidence,” Settle remarked. “The continuous reliance on deference to military judgment is unjustified without any supporting evidence for the ban imposed on transgender troops.”
Similarly, U.S. District Judge Ana Reyes in Washington, D.C., also placed a block on the policy last week but temporarily stayed her decision pending appeal. The U.S. Circuit Court of Appeals for the District of Columbia indicated late Thursday that it would consider enforcing the ruling if any action adversely affects transgender military members.
Additionally, a judge in New Jersey delivered a narrower ruling earlier this week, preventing the Air Force from discharging two transgender men. The judge noted that their forced separation would irreparably damage their careers and reputations beyond any compensatory resolution.
The ban stems from an executive order signed by Trump on January 27, which asserted that the presence of transgender service members conflicts with the principles of a disciplined military lifestyle and jeopardizes military readiness. Consequently, Defense Secretary Pete Hegseth enacted a policy that largely disqualifies transgender individuals from military service.
Sasha Buchert, an attorney with the civil rights organization Lambda Legal, highlighted during a hearing in Tacoma, “They can perform the required physical tasks and meet shooting standards. Yet they face discharge solely for their identity.”
The lawsuit opposing the ban and Trump’s executive order in Tacoma enlists Gender Justice League—comprising transgender military personnel—and individual plaintiffs like U.S. Navy Cmdr. Emily “Hawking” Shilling. Shilling, a 42-year-old, has commendably served over 19 years, executing 60 combat flight missions in Iraq and Afghanistan.
Settle underscored Shilling’s case, stating, “There is no claim nor evidence suggesting she is detrimental to her unit’s efficacy or military readiness.” He added that absent a judicial injunction, she would face discharge merely due to her transgender status.
During the court arguments, Department of Justice Attorney Jason Lynch contended that military decisions are within the president’s purview and that the ban’s scope was narrower than plaintiffs asserted. However, the judge pressed Lynch, noting the lack of provided evidence showing that transgender individuals’ open service harmed military operations.
The presence of transgender individuals in the military numbers in the thousands, a small fraction given the total number of active-duty personnel.
In 2016, the Defense Department allowed transgender individuals to serve openly with President Joe Biden reversing Trump’s ban upon taking office. However, the policies introduced by Hegseth provide no such allowances, effectuating a complete ban moving forward.