Defense Secretary Pete Hegseth has openly criticized a federal judge after she blocked the administration from enforcing a policy banning transgender individuals from serving in the military. He sarcastically suggested that the judge, now a “top military planner,” should report to Fort Benning and Fort Bragg to train elite military units.
The judge had issued a preliminary injunction halting the ban, ruling that the plaintiffs were likely to succeed in their argument that the policy violated equal protection by discriminating based on sex and transgender status. The lawsuit, filed by several individuals challenging the executive order, argued that the ban was unconstitutional under the Fifth Amendment. Additional plaintiffs later joined the suit.
Hegseth, a former Army National Guard officer, took to social media to mock the ruling. He suggested that since the judge had overruled the administration’s decision, she should now take on military training responsibilities.
The judge’s ruling referenced a landmark Supreme Court decision, which determined that discrimination based on transgender status was inherently tied to sex discrimination. Although that case specifically addressed employment rights, the judge argued that the reasoning applied more broadly.
She further criticized the administration’s position, noting that it was not merely asking for judicial deference in military matters but rather seeking a complete abdication of judicial review. The ruling emphasized that the ban was not based on legitimate military concerns but was instead motivated by bias.
According to the judge, the policy unjustly stigmatized transgender service members, framing them as inherently unfit for service without factual support. She described the ban as being rooted in animus, asserting that its language and justifications lacked any genuine basis.
The administration had planned to implement the ban within the month, but the ruling put those efforts on hold. While the government has historically argued that military decisions should be left to the Executive Branch, the judge made it clear that courts have a duty to scrutinize policies that may violate constitutional rights.
The case is expected to continue through the legal system, with potential appeals from the administration. However, for now, transgender individuals in the military remain protected from the enforcement of the ban.
