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On February 13, 2025, President Donald Trump addressed the public before the swearing-in of Robert F. Kennedy Jr. as HHS Secretary in the Oval Office, Washington (Photo/Alex Brandon).
A judge determined on Monday that the Trump administration unlawfully expelled two transgender men from the U.S. Air Force. This was done through the president’s “unconstitutional” executive order, banning transgender individuals from military service. The men were abruptly deemed “unfit,” despite possessing “years of unblemished and decorated service,” according to the judge.
In recent weeks, challenges to Trump’s executive order, banning transgender military service after they were allowed to serve openly for “years,” have been supported by U.S. District Judge Christine O’Hearn. Sitting in the District of New Jersey, O’Hearn joined other federal judges in opposing the executive order. U.S. District Judge Ana Reyes previously issued a preliminary injunction last Wednesday in the District of Columbia, temporarily stopping the enforcement of the transgender ban, following a lawsuit filed by service members on January 28.
The complaint argued that the ban on transgender service members violates the due process clause of the Fifth Amendment by discriminating against people “based on their sex and based on their transgender status.”
In explaining how the military ban discriminated on the basis of sex, O’Hearn — a Joe Biden appointee — said that the plaintiffs, Master Sgt. Logan Ireland and Staff Sgt. Nicholas Bear Bade, were pulled from their assignments and forced into administrative absence. This led to them facing “imminent involuntary administrative separation proceedings” that would cause “lasting damage” to their “otherwise exemplary” military careers and reputations, O’Hearn ruled.
“Being summarily and involuntarily dismissed from military service after years of unblemished and decorated service under the cloud of being suddenly deemed unfit and disqualified for military service for no reason other than one’s gender identity is irreparable harm,” O’Hearn said. “The loss of military service under the stigma of a policy that targets gender identity is not merely a loss of employment; it is a profound disruption of personal dignity, medical continuity, and public service.”
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For her decision in the Washington case, Judge Reyes — who is also a Joe Biden appointee — cited the U.S. Supreme Court’s landmark 2020 decision in Bostock v. Clayton County. The court held that the prohibition on sex discrimination in Title VII of the Civil Rights Act of 1964 included discrimination based on sexual orientation and transgender status. The majority opinion was penned by Justice Neil Gorsuch, who was appointed to the court by Trump.
O’Hearn said Monday that granting temporary relief to Ireland and Bade is ultimately “in the public interest” as it prevents “unconstitutional discrimination” and maintains the status quo of policies that have “now governed the military for years.”
“In contrast, Defendants have not demonstrated any compelling justification whatsoever for immediate implementation of the Orders,” O’Hearn said. “Particularly since transgender persons have been openly serving in the military for a number of years.”
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The Trump administration has previously asserted that the court should defer to the Executive Branch on military matters, but Reyes emphasized in her ruling that the Justice Department was not seeking “judicial deference to military judgment” — rather, it was urging “judicial abdication.” The administration’s transgender ban was scheduled to go into effect this month. The Trump administration has previously asserted that the court should defer to the Executive Branch on military matters, but Reyes emphasized in her ruling that the Justice Department was not seeking “judicial deference to military judgment” — rather, it was urging “judicial abdication.” The administration’s transgender ban was scheduled to go into effect this month.
“Plaintiffs face further imminent harm in the form of involuntary separation proceedings expected to begin as early as March 26,” O’Hearn said Monday. “These harms are immediate, ongoing, and significant, and cannot be remedied in the ordinary course of litigation. Accordingly, a TRO against Defendants, as provided below, is necessary until the Court can consider Plaintiffs’ forthcoming motion for a preliminary injunction.”
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