Federal judge again denies Pentagon’s military trans ban after ask to dissolve order

Biden appointee Washington, DC-based US District Judge Ana Reyes denied the government’s motion to dissolve her order that prevents the military from denying people who identify as transgender the ability to enlist in the military. On March 21, the Trump administration filed the motion arguing that the policy "turns on gender dysphoria – a medical condition – and does not discriminate against trans-identifying persons as a class."

The Trump administration also requested that if the motion to dissolve was denied, the court should stay the preliminary injunction pending an appeal. It cited guidance issued March 21 to clarify that "the phrase ‘exhibit symptoms consistent with gender dysphoria,’" only applies to "individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis."

Reyes acknowledged that Military Department Identification Guidance (MIDI Guidance) is new, but wrote, "Defendants re-emphasize their ‘consistent position that the [Hegseth] Policy is concerned with the military readiness, deployability, and costs associated with a medical condition.’ Regulating gender dysphoria is no different than regulating bipolar disorder, eating disorders, or suicidality. The Military Ban regulates a medical condition, they insist, not people. And therein lies the problem.”

Reyes added, "Gender dysphoria is not like other medical conditions, something Defendants well know. It affects only one group of people: all persons with gender dysphoria are transgender and only transgender persons experience gender dysphoria."

The legal challenge comes as the Supreme Court also considers United States vs. Skrmetti, a case that will decide if the equal protection clause prohibits states from allowing medical providers to deliver puberty blockers and hormones to assist with a minor's sex transition.