A federal appeals court on Tuesday sided with Secretary of War Pete Hegseth on the transgender military ban.
“In our view, the court afforded insufficient deference to the Secretary’s considered judgment. Accordingly, we stay the preliminary injunction pending the government’s appeal,” the DC Circuit Court of Appeals judges said, scolding Judge Reyes in a 2-1 decision.
The Circuit Judges included: Majority: Katsas (Trump), Rao (Trump), and Dissent: Pillard (Obama).
“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks. For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress,” Judges Katsas wrote, with whom Judge Rao joined.
“The 2025 policy generally bars individuals with gender dysphoria from serving in the Armed Forces. The Secretary of Defense concluded that this policy would advance important military interests of combat readiness, unit cohesion, and cost control. In doing so, he consulted materials compiled to assess the 2016 and 2018 policy changes, as well as more recent studies regarding the impacts of gender dysphoria on those with the condition and on their military service. The district court nonetheless preliminarily enjoined the 2025 policy based on its own contrary assessment of the evidence,” Katsas wrote.
In January President Trump signed the “Restoring America’s Fighting Force” executive order and the “Prioritizing Military Excellence and Readiness” executive orders, which direct every element of the U.S. military to “operate free from any preference based on race or sex” and root out gender insanity and made up pronoun usage, respectively.
Judge Ana Reyes, a Biden appointee from Uruguay, previously issued a temporary nationwide injunction blocking Trump’s transgender military ban.
In March, the Trump Administration updated its policy on troops with gender dysphoria and asked Judge Reyes to dissolve her preliminary injunction.
The activist judge blasted the DOJ lawyers and asked them if they knew how much the military spends on Viagra every year compared to gender dysphoria treatment.
This has nothing to do with combat readiness. The judge already made up her mind and issued an injunction.
Secretary Hegseth previously destroyed Judge Reyes in a viral post on X.
“Since “Judge” Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare,” Secretary Hegseth said mocking Judge Reyes.
Since “Judge” Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare. https://t.co/CNrl252Irs
— Pete Hegseth (@PeteHegseth) March 22, 2025
A separate federal judge in March temporarily blocked President Trump’s ban on transgender troops.
US District Judge Benjamin Hale Settle in Washington State previously issued a nationwide preliminary injunction.
Judge Settle, a George W. Bush appointee, said the Trump DOJ’s arguments have not been persuasive.
In May, the Supreme Court allowed the Trump Administration to enforce its ban on transgender troops as the legal challenges made it through the lower courts.
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