U.S. District Judge Ana Reyes hammered the government over the sweeping order signed during Trump’s first week back in office, suggesting it amounted to “unadulterated animus” backed up by little evidence.
“We are dealing with the president of the United States calling a group of people who have served their country, who, you have told me, have made America safer, calling them liars,” Reyes, an appointee of former President Biden, told Department of Justice (DOJ) attorney Jason Lynch.
“This is a policy of the president of the United States that is affecting thousands of people, carte blanche, without any support that has been given by anyone,” Reyes added. “How is that anything other than showing animus?”
The hearing, which was more than five hours is expected to resume Wednesday, addressed the scope of the president’s order as Reyes weighs whether to issue a preliminary injunction while litigation continues.
Trump’s Jan. 27 executive order argues transgender people are not able to “satisfy the rigorous standards necessary for military service” and that allowing them to serve threatens the lethality of the armed forces and undermines unit cohesion, an argument that has long been used to keep marginalized communities from serving.
Hegseth moved to implement Trump’s order earlier this month, directing military leaders in a Feb. 7 memo to pause accepting recruits with histories of gender dysphoria and suspend gender-affirming medical care for current service members.
Six active service members and two individuals seeking to enlist in the military sued the Trump administration late last month over the order, which they said violates their constitutional rights. Another seven transgender service members, backed by two LGBTQ civil rights organizations, are challenging the order in a separate lawsuit filed earlier this month in Washington state.
A 2016 RAND Corp. study commissioned by the Pentagon found that allowing trans people to serve in the military had no negative impact on unit cohesion, operational effectiveness or readiness.
The transgender military advocacy group SPARTA Pride has estimated between 15,000 and 25,000 transgender troops are currently serving, accounting for a small fraction of the entire armed services.
Read the full report at TheHill.com.
