A second federal judge has blocked the Trump administration’s ban on transgender military service, ruling that the policy is discriminatory and unsupported by military necessity.
In a scathing 65-page opinion issued Thursday, U.S. District Judge Benjamin Settle described the ban as a “de facto blanket prohibition” aimed at eradicating transgender service members, rather than promoting military readiness.
“The government falls well short of its burden to show that banning transgender service is substantially related to achieving unit cohesion, good order, or discipline,” Settle wrote. “Although the Court gives deference to military decision-making, it would be an abdication to ignore the government’s flat failure to address plaintiffs’ uncontroverted evidence that years of open transgender service promoted these objectives.”
Trump Administration Appeals Decision
The Justice Department quickly filed notice of appeal on Friday, signaling the administration’s intent to challenge the ruling.
The lawsuit was brought by seven active-duty transgender service members, who argued that the policy unfairly discriminates based on gender identity. The government attempted to reframe the ban as a medical issue, affecting only those diagnosed with gender dysphoria, but Judge Settle rejected that argument.
“The policy uses gender dysphoria as a proxy to ban all transgender service members,” he wrote.
Service Members’ Contributions Overlooked
Judge Settle also criticized the administration for disregarding the distinguished military careers of the transgender plaintiffs.
One of the plaintiffs, Commander Emily Shilling, is a naval aviator with 19 years of service, who flew 60 combat missions before becoming a Navy test pilot.
“There is no claim and no evidence that she is now, or ever was, a detriment to her unit’s cohesion, or to the military’s lethality or readiness,” Settle wrote. “Yet absent an injunction, she will be promptly discharged solely because she is transgender.”
This ruling follows a similar decision from another federal judge, further complicating the administration’s attempt to reinstate the controversial ban.
