U.S. District Court Judge Ana Reyes today issued a nationwide preliminary injunction in Talbott v. Trump, the legal challenge to President Trump’s transgender military ban executive order brought by LGBTQ+ legal groups GLAD Law and [the National Centers for Lesbian Rights (NCLR)]. Judge Reyes heard arguments on the motion for preliminary injunction in Washington, DC last Wednesday, March 12.
In [the March 18] ruling, Judge Reyes noted that “thousands of transgender servicemembers have sacrificed—some risking their lives—to ensure for others the very equal protection rights the Military Ban seeks to deny them.” Judge Reyes held the ban violates equal protection both because it discriminates based on transgender status and sex and because “it is soaked in animus.” As Judge Reyes further held: “Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact.”
This nationwide preliminary injunction will temporarily halt implementation of the ban and protect transgender servicemembers and recruits from its significant harms while the future of the ban is being decided in court. These harms include for example, the delay or denial of essential medical care, paused deployments, forced administrative leave, and other significant harms including what would eventually result in the end of these individuals’ military careers by being discharged through administrative separation, a process used to address instances of misconduct.
“Today’s decisive ruling speaks volumes,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “The Court’s unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation. Given the Court’s clear-eyed assessment, we are confident this ruling will stand strong on appeal.”
“The court acted quickly today to shield our troops from the harmful effects of this irrational ban. It would have ended careers of dedicated transgender servicemembers and created personnel gaps, leaving others to fill critical roles. The ban’s harmful impact and rushed implementation show that it was motivated by prejudice,” said NCLR Legal Director Shannon Minter. “Our plaintiffs include lifelong military personnel who served in combat in Afghanistan, come from multi-generation military families, and have received honors like the Bronze Star. This ban is unjustifiable and attacks brave servicemembers, recruits, and families who sacrifice so much for our country.”
GLAD Law’s Jennifer Levi and NCLR’s Shannon Minter, the lead attorneys in this case, are transgender themselves and each have more than three decades of experience litigating landmark and key LGBTQ+ cases. Together, Levi and Minter led the legal fight in 2017 against the transgender military ban in Doe v. Trump and Stockman v. Trump, which also secured a nationwide preliminary injunction blocking that ban.
— from a GLAD Law press release
More: glad.org
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