Ninth Circuit won't life injunction blocking ban on transgender military personnel

By 
 April 1, 2025

Since taking office earlier this year, President Donald Trump has seen a number of his policy initiatives get held up by left-leaning judges.

The latest example of that phenomenon came this week when an appeals court refused to lift a block on his transgender military ban. 

Rejection authored by three Democrat-appointed judges

According to Breitbart, the U.S. Court of Appeals for the Ninth Circuit has rejected the Trump administration's appeal of an earlier ruling by U.S. District Judge Benjamin Settle.

Breitbart noted that the rejection was issued by Judges Wallace Tashima, John Owens, and Roopali Desai, all of whom were appointed by Democratic presidents.

As Reuters reported, Settle argued in his March 27 order that the Trump administration had not shown any problems associated with former President Joe Biden's policy of allowing transgender individuals to serve in uniform.

"Any claimed hardship (the military) may face in the meantime pales in comparison to the hardships imposed on transgender service members," the judge wrote.

Activists judges welcomed judge's injunction

Reuters explained that Settle's decision to impose a preliminary injunction came as a result of a lawsuit filed by Lambda Legal and the Human Rights Campaign Foundation.

The two activist organizations are representing seven active-duty transgender service members, and they were quick to welcome the judge's ruling.

They were quoted as saying in a statement that the case will continue "on behalf of transgender servicemembers who serve our country selflessly and with distinction and honor."

However, that development is likely to increase controversy over whether district judges have the authority to issue nationwide injunctions, something congressional Republicans have threatened to counter with legislation.

Executive order: Transgender individuals "cannot satisfy" military standards

For his part, the president asserted in a January executive order that "expressing a false 'gender identity' divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service."

"Beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life," the order continued.

"A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member," it went on to add.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson