A second federal judge has halted the Pentagon’s policy banning transgender troops, following complaints from two Air Force servicemembers who faced removal from the military imminently. U.S. District Judge Christine O’Hearn in New Jersey temporarily blocked the policy, citing immediate and significant harm that cannot be easily resolved through regular legal proceedings.
This ruling comes after another federal judge in Washington, D.C., Judge Ana Reyes, temporarily blocked the same policy in a separate case on March 18. Judge Reyes has paused her order to allow the Trump administration time to appeal the decision.
The cases in D.C. and New Jersey involve different branches of the military, with Army and Navy servicemembers challenging the policy in D.C., and Air Force sergeants in New Jersey. In both instances, decorated troops are fighting to remain in the military where they have served and received commendations. The Trump administration is expected to appeal these initial rulings in different appeals circuits, potentially leading to a Supreme Court decision.
Transgender troops have filed multiple lawsuits against Defense Secretary Pete Hegseth’s policy, which was implemented following President Donald Trump’s orders declaring that there are only two sexes and requiring transgender troops to serve based on their birth sex.
“Staff Sergeant Bade and Master Sergeant Ireland have been adversely affected by this administration’s ban, being removed from important duties and placed on administrative leave against their wishes,” said Jennifer Levi, who represented the airmen at GLAD Law. “These servicemembers have sacrificed for American freedoms – they deserve better than being targeted in a political purge.”
The Pentagon’s policy mandates that troops serve based on their birth sex, and requires service branches to identify and potentially separate service members with gender dysphoria. Failure to comply could lead to removal from the military unless special waivers are obtained. The policy also prohibits sharing facilities designated for a different sex and does not cover sex reassignment surgery, which was previously covered with a physician’s recommendation.
Master Sergeant Ireland and Staff Sergeant Bade were facing involuntary separation under this policy, prompting the judges’ intervention.
According to O’Hearn, individuals were faced with “immediate adverse actions” as a result of the new policy, such as forced administrative absence and being removed from their training assignments and active deployment. During a hearing at the Rayburn House Office Building in Washington, D.C., Rep. Jackie Speier, a member of the House Armed Services Committee, questioned Defense Secretary James Mattis about transgender individuals serving in the military. Transgender service members like Master Sgt. Logan Ireland and Staff Sgt. Nicholas Bear Bade, both transgender males with outstanding service records, have expressed their dedication to serving with expertise and character. Ireland, who has served for 14 years with deployments to various locations, highlighted the critical roles transgender service members fulfill and the operational gaps that would result from their removal. Bade, who has served for six years including a deployment in Kuwait, emphasized his commitment to defending American freedom and democracy. Despite their dedication, both were penalized under the new policy while their case was being litigated. The Pentagon began accepting transgender troops to serve openly in June 2016, following a yearlong study that found no adverse impact on military effectiveness. Despite attempts by President Trump to ban transgender service, judges have intervened, with the Justice Department arguing that military policy should be determined by the Pentagon.
