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A federal judge has temporarily blocked an order from former President Donald Trump aimed at excluding transgender individuals from serving in the U.S. military. The ruling, issued by Judge Ana C. Reyes, asserts that such an exclusion violates constitutional principles of equal treatment under the law.
In her decision, Judge Reyes acknowledged that the ruling is likely to provoke public debate and possible appeals, which she views as a positive aspect of a healthy democracy. She noted that the Trump administration failed to create policies that reconcile the nation's need for a ready military with the rights of all American citizens to be treated equally.
Judge Reyes emphasized that anyone who has answered the call to serve deserves respect and gratitude, reinforcing the court's acknowledgment of active military personnel and veterans.
Recently, the U.S. Department of Defense had issued directives to largely exclude transgender individuals from military service, citing concerns that their presence was not in the best interest of the armed forces or national security. The Pentagon's guidance came following an order from Trump, which aimed to identify and discharge service members with a diagnosis of gender dysphoria.
Transgender individuals, who identify differently from the sex assigned at birth, have faced significant challenges in military service. The World Health Organization (WHO) has not classified transgender identities as mental health disorders since 2019, reflecting a more modern understanding of gender identity. Prior to the Trump administration, a Pentagon policy had prohibited discrimination based on gender identity, allowing openly transgender individuals to serve in the military since 2016.
The recent directive from the Department of Defense instructed military branches to identify service members with a history of gender dysphoria within 30 days. These individuals would then be subject to discharge unless their military records warranted their retention.
In line with Trump's directive, the Pentagon has recognized only two genders, requiring service members to be addressed in accordance with the sex assigned at their birth. This policy further restricts access to gender-affirming medical treatments and cancels planned surgeries that had been covered under military health care.
Since the policy change in 2016, the exact number of transgender individuals serving in the military has been difficult to ascertain due to a lack of comprehensive studies and the fear of discrimination that may prevent many from disclosing their identities. Estimates suggest that they comprise a small percentage of active-duty personnel.
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