Contentious Hearing on Transgender Military Ban Raises Legal and Biological Questions
During a protracted hearing on Tuesday, U.S. District Judge Ana Reyes relentlessly questioned Justice Department lawyers on the legal and biological justifications for President Donald Trump’s executive order prohibiting transgender individuals from joining the military.
Judge’s Skepticism and Legal Challenges
Judge Reyes expressed disbelief in the assertion that there are only two sexes, requesting the Department of Justice provide additional legal arguments and biological evidence to support this claim. She also voiced skepticism that adding pronouns to email signatures would negatively impact military readiness.
The judge questioned how the Pentagon could avoid banning transgender troops under Trump’s order, which states that adopting a gender identity inconsistent with one’s biological sex conflicts with a soldier’s commitment to military values.
Justice Department lawyer Jason Lynch defended the order, maintaining that it would not necessarily lead to a complete ban on transgender troops. However, Judge Reyes countered that the language in the order indicated otherwise.
Pentagon Policy Development and Injunction Considerations
Under Trump’s executive order, Defense Secretary Pete Hegseth was tasked with developing guidance for military service within 30 days and medical standards within 60 days.
Judge Reyes indicated that she would not rule on a possible injunction against the order before the upcoming 30-day deadline, but would await the Pentagon’s policy development. She noted that administration officials had agreed to maintain the current treatment of transgender troops during this period.
Legal Arguments and Biological Complexity
Lawyers representing the transgender troops argued that the military mission could not be undermined by their presence, emphasizing that transgender individuals must meet the same physical and mental fitness standards as their peers.
Lynch argued that defense secretaries possess the authority to establish policy for military service, including the standards for transgender individuals. He cited various conditions, such as heart and neurological issues, for which the Pentagon sets specific eligibility requirements.
Judge Reyes highlighted the complexity of biological sex, emphasizing that not everyone has XX or XY chromosomes at birth. She noted the existence of intersex individuals with different chromosomal or genital configurations.
Pronoun Controversy and Judicial Criticism
The judge also questioned the administration’s prohibition on the use of pronouns in email signature lines, inviting Lynch to find a military officer who would testify that this practice diminished preparedness. She dismissed this argument as "ridiculous."
Judge’s Opening Remarks: Criticism and Response
Judge Reyes opened the hearing with a three-minute speech against critics who had accused her of bias in an unrelated case involving Trump’s firing of inspectors general. She stated that she had been the target of disparaging voicemails and social media comments.
She refuted the claim that she had ended the previous hearing early due to a Valentine’s Day date, assuring the lawyers that she had no romantic engagements planned for the foreseeable future.
Conclusion and Ongoing Uncertainty
Judge Reyes concluded the hearing without issuing a ruling on the transgender military ban. The Pentagon is expected to release its new policy within the 30-day deadline, after which further legal challenges may arise. The fate of transgender troops in the U.S. military remains uncertain as the legal battle continues.
