'Unadulterated animus': Judge blasts DOJ about transgender military restrictions
A federal judge appears poised to block the Trump administration if the Department of Defense attempts to place limitations on or ban transgender service members.
U.S. District Judge Ana Reyes is still hearing arguments Tuesday in the case but signaled deep skepticism with the claim that transgender service members lessen the military’s lethality or readiness.
“You and I both agree that the greatest fighting force that world history has ever seen is not going to be impacted in any way by less than 1% of the soldiers using a different pronoun than others might want to call them. Would you agree with that?” Judge Reyes asked during a hearing this morning.
“No, Your Honor, I'm not. I can't agree with that,” a lawyer for the Department of Justice responded.
At issue is Trump’s Jan. 27 executive order that directed the DOD to update its guidance "regarding trans-identifying medical standards for military service and to rescind guidance inconsistent with military readiness." While the Department of Defense has not issued final guidance on transgender service members, the order led to a pause in gender affirming care for service members and is expected to lead to a significant curtailment of transgender service members based on “readiness and lethality."
With the DOD policy expected to be finalized over the coming week, Reyes said she would hold off on issuing an order but had largely made up her mind about the legality of the order, at one point remarking that “smarter people on the D.C. Circuit would have to tell me I’m wrong” about the policy. She added that the central premise of the executive order -- that only two genders exist -- is “not biologically correct.”
Reyes also raised concerns about the wording of the executive order, which she criticized for being intentionally imprecise and a pretext for a ban on transgender soldiers.
“If we had President Trump here right now, and I said to him, 'Is this a transgender ban?' What do you think he would say?” Reyes asked.
“I have no idea, Your Honor,” said DOJ attorney Jason Lynch.
“I do. He would say, 'Of course it is.' Because he calls it a transgender ban, because all the language in it is indicative,” Reyes said.
The judge -- who began the hearing by noting that every service member regardless of their gender ideology “deserves our gratitude” -- also spent a portion of the hearing questioning Lynch about the group of transgender soldiers who filed the lawsuit.
“If you were in a foxhole, you wouldn't care about these individuals' gender ideology, right? You would just be happy that someone with that experience and that bravery and that honorable service to the country was sitting right next to you. Right?” Reyes asked.
“Don't want to testify as a witness, Your Honor, or offer my personal views of hypothetical,” Lynch responded before conceding, “If I were in a foxhole, I doubt that the gender identity would be a primary concern.”
Reyes also pushed the lawyer for the Department of Justice -- who she later commended for arguing his case well -- to admit that the transgender soldiers made the country “safer.”
“Are they honorable, truthful, and disciplined?" Reyes asked. "As far as I know, among them, they have over 60 years of military service.”
“That's correct,” Lynch said.
“And you would agree that together, the plaintiffs have made America safer?” Reyes asked.
“I would agree, yes,” Lynch said.
