Washington: A US federal judge on Tuesday temporarily suspended the Trump administration’s ban on transgender people serving in the military, citing the principle of equality. This ruling delivers a setback—albeit a temporary one—to President Donald Trump’s agenda.

Judge Ana C Reyes referenced the US Declaration of Independence, which affirms that all individuals are "created equal." She suspended Trump’s late January order that barred transgender individuals from serving in the armed forces. However, this suspension will be on hold until March 21, allowing the government time to file an emergency stay in a higher court.

Reyes criticised the ban in her ruling, stating, "The Military Ban is soaked in animus and dripping with pretext. Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact."

She further stated that Trump "could have crafted a policy that balances the Nation’s need for a prepared military and Americans’ right to equal protection. They still can. The Military Ban, however, is not that policy."

Trump administration’s stance on transgender military service

Trump’s executive order, issued on January 27, declared that "expressing a false 'gender identity' divergent from an individual's sex cannot satisfy the rigorous standards necessary for military service."

Since taking office, Trump has also stated that the US government will only recognise two sexes—male and female—which he asserted "are not changeable."

Impact on transgender troops

The number of transgender individuals serving in the US military is estimated to be around 15,000 out of approximately two million personnel.

In February, US Defense Secretary Pete Hegseth issued a memo preventing transgender individuals from enlisting in the military and halting gender transition treatments for those already serving.

The Pentagon has also indicated that transgender troops could face removal from the military unless they obtain a waiver on a case-by-case basis, as outlined in a February memo.

Shifting policies on transgender troops

The US military initially lifted the ban on transgender service members in 2016 during Democrat Barack Obama’s second term. However, policies regarding transgender military service have changed with successive administrations. The ban was reinstated under Trump, then reversed by President Joe Biden, and has now been reinstated again under Trump’s second term.

Legal challenge

Tuesday’s ruling came in response to a legal challenge filed by a group of transgender individuals who are either currently serving in the military or seeking to join.

Transgender rights have been a contentious issue in US politics, with Republican and Democratic-led states adopting opposing policies on matters such as medical treatment and access to books on transgender topics in schools and public libraries.

AFP