The federal judge blocks the ban on Trump on transgender persons serving in the military

Washington (AP) A federal judge blocked the application of the executive order of President Donald Trump prohibiting transgender people of the military service on Tuesday, the last in a series of legal setbacks for his radical program.

American district judge Ana Reyes in Washington, DC, judged that Trump's order to exclude transgender troops from military service probably violates their constitutional rights.

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She delayed her order until Friday to give the time of administration a call.

“The court knows that this opinion will lead to a public debate and to public calls. In a healthy democracy, the two are positive results,” wrote Reyes. “We must all agree, however, that each person who answered the call to serve deserves our gratitude and our respect.”

The judge published a preliminary injunction requested by lawyers for six transgender people who are members of the service in active service and two others seeking to join the army.

On January 27, Trump signed an executive decree that claimed the sexual identity of transgender soldiers “conflict with a soldier's commitment to an honorable, truthful and disciplined lifestyle, even in his personal life” and was harmful to military preparation.

In response to the ordinance, the defense secretary Pete Hegseth has issued a policy that presumed presumed people with dysphoria of military service. Gender dysphoria is the distress that a person feels because their sex and gender identity does not correspond. The medical condition was linked to depression and suicidal thoughts.

Applicants' lawyers argue that Trump's order violates the rights of transgender persons to equal protection under the fifth amendment.

Government lawyers argue that military officials have broad discretion to decide how to allocate and deploy soldiers without legal interference.

Thousands of transgender people serve in the army, but they represent less than 1% of the total number of soldiers in active service.

In 2016, a policy of the Ministry of Defense allowed transgender people to serve openly in the army. During Trump's first term at the White House, the Republican published a directive to ban members of the Transgender Service. The Supreme Court has authorized the prohibition to take effect. President Joe Biden, a Democrat, canceled him when he took office.

Hegseth's policy on February 26 indicates that soldiers or candidates for military service who have “a current diagnosis or history or have symptoms in accordance with gender dysphoria are incompatible with the high mental and physical standards necessary for military service.”

The complainants who continued to block the order of Trump include a head of section of the reserves of the army of Pennsylvania, an adult of the army who received a bronze star for the service in Afghanistan and a winner of the prize of the sailor of the year serving in the navy.

Their lawyers, from the National Center for Lesbian Rights and the Act, said that transgender troops “are looking for nothing more than the opportunity to continue to devote their life to the defense of the nation”. “However, these accomplished soldiers are now subject to an order which says that they must be separated from the military on the basis of a characteristic which has no support on their proven capacity to do the work,” wrote complainants. “This is an overthrow of austere and reckless policy which denigns the honorable transgender soldiers, disturbs the cohesion of unity and weakens our soldiers.”

Government lawyers said the Defense Ministry had a history of disqualification of military service if they have physical or emotional disabilities, including mental health problems.

“In any context other than that in question in this case, the professional military judgment of the DOD on the risks of authorizing people with physical or emotional disabilities to serve in the army would be practically indisputable,” they wrote.

The complainants' lawyers say that Trump's order corresponds to the discrimination model of his administration against transgender persons.

The federal judges of Seattle and Baltimore took a break in the executive order of Trump, interrupting federal support for the care affirmed by the sexes for young transgender people under 19. Last month, a judge prevented prison officials from transferring three transgender women imprisoned to male facilities and ending their access to hormone therapy under another Trump order.

Trump has also signed orders that have established new rules on how schools can teach gender and who intend to prohibit transgender athletes from participating in the sports of girls and women.

“Since its early days, this administration has evolved to get rid of the protections of transgender people in several areas, including housing, social services, schools, sports, health care, employment, international trips and family life,” wrote the lawyers for the complainants.

The writers of the associated press Lindsay Whitehurst and Gene Johnson contributed to this story.

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