(NewsNation) — Thousands of transgender service members are facing an uncertain future as the Trump administration attempts to ban them from serving in the military.
Jo Ellis, who works part-time for the Virginia National Guard, said she had been bracing for the possibility of a trans military ban since the election. SPARTA, a transgender military advocacy organization, had been alerting its members as well.
“It’s still crushing to see it in paper when the executive order came out,” Ellis said.
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In January, President Donald Trump signed an executive order banning transgender people from serving in the military, stating that trans military members’ identities conflict “with a soldier’s commitment to an honorable, truthful and disciplined lifestyle.”
On Tuesday, U.S. District Judge Ana Reyes blocked enforcement of Trump’s executive order. The United States Department of Defense on Friday asked the judge to lift the judge’s preliminary injunction. That same day, it released new guidance on how to enforce the ban, saying that the Department of Defense would review service members’ medical records and within 45 days give them self-assessment questionnaires to determine whether they have a current diagnosis, history or symptoms of gender dysphoria.
The memo, reported on by Reuters, states that the exclusion of people with symptoms of gender dysphoria applies only to those with “marked incongruence and clinically significant distress or impairment for at least six months.”
Another federal judge Monday temporarily blocked the Trump administration from removing two trans service members from the military, NewsNation partner The Hill reports. Both service members had been placed on “administrative absence” despite serving with distinction and having what the judge said were “exemplary service records.”
As these cases go through the courts, trans service members are now facing a “bit of existential dread,” Lt. Colonel Bree Fram, who is on active duty in the Space Force, said. She is one of the highest-ranking transgender service members in the U.S. military. For this story, she is speaking in her personal capacity and told NewsNation that her statements do not reflect the U.S. government or the Department of Defense.
“(There’s) that burden that we all face of what’s going to happen to us? What’s going to happen to the people we love? What’s going to happen to the people we serve alongside?” Fram said.
Ellis comes from a family of service. Her great-uncle fought in World War II, her grandfather was in the Navy, her brother served in Iraq, and her cousin is a retired admiral who is now a fellow at the Hoover Institution.
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“I just always wanted to serve,” Ellis said.
Coming out and being honest was important to her.
“I did the right thing,” Ellis said. “I followed policy so I could continue serving because that was so important to me.”
Ellis is a Black Hawk pilot who has been deployed to Iraq and Kuwait and completed some missions in Guatemala. When it comes to the potential ban, she says, “It just feels like they’re not keeping their end of the contract.”
Jo Ellis is one of thousands of trans service members who face uncertainty after President Donald Trump signed an executive order banning transgender troops from the military. (Provided by Jo Ellis)
Fram had a rare form of abdominal cancer that she was terrified she would lose her life to. Even during her recovery, she feared she would never put her uniform on again.
“Going back to work was one of the most meaningful (moments) of my life, and so now to be in a position where the government is telling me I am unsuitable to wear that uniform — it hurts,” Fram said.
Effects of Trump’s trans military ban order
Fram said the order has already had an impact.
“It has called people home from deployment, removed them from combat zones and sent them home, while others have been placed on administrative leave or otherwise been told don’t show up despite the people around them understanding they are an integral part of the mission of their units,” Fram said.
A brief filed Feb. 6 as part of a lawsuit against Trump and the Defense Department states that a group of soldiers said they had been fired for being trans, Newsweek wrote. One of them said she had been fired while on special forces duty in a combat zone.
The Department of Defense logo is seen on the wall in the Press Briefing room at the Pentagon on Tuesday, Oct. 29, 2024 in Washington. (AP Photo/Kevin Wolf)
Last month, the U.S. Army posted on X that it will no longer accept transgender recruits and will halt procedures associated with gender transition for members. When asked by NewsNation whether this was still the case now that a judge has blocked Trump’s order, spokesperson Maj. Travis Shaw said the Army does not comment on pending or ongoing litigation.
“We’re currently awaiting official guidance,” Shaw said.
The Department of Defense says there are 4,240 transgender members of the military currently serving but did not answer a question on whether any had been notified they have to leave the service in time for publication.
Executive order being challenged in court
The order banning trans military members is being challenged through two lawsuits: one by GLAD Law and the National Center for Lesbian Rights, Talbott v. Trump, and another from Lambda Legal and the Human Rights Foundation, Shilling v. Trump.
Reyes issued a preliminary injunction on Trump’s executive order after hearing arguments over Talbott v. Trump earlier this month.
“The court knows that this opinion will lead to heated public debate and appeals. In a healthy democracy, both are positive outcomes,” Reyes wrote. “We should all agree, however, that every person who has answered the call to serve deserves our gratitude and respect.”
On X, Secretary of Defense Pete Hegseth said the department is appealing this decision, “and we will win.”
In a statement, GLAD said the preliminary injunction it was granted protects trans service members and recruits from “significant harms while the future of the ban is being decided in court.”
Attorney Jennifer Levi, senior director of transgender and queer rights for GLAD, said in a statement that “the court’s unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation.”
“Given the Court’s clear-eyed assessment, we are confident this ruling will stand strong on appeal,” Levi said.
Lambda Legal attorney Kell Olson told NewsNation that one part of lawyers’ job has been to figure out if procedures are already underway to separate people from the military.
“We all know that with any institution large or small, but especially large, you can’t necessarily turn on a dime to make something happen right away,” Olson said. “If actions need to be happening quickly, that means preparations would have to be underway.”
Another aspect of Olson’s work is sitting with families and hearing how their lives have been upended.
“It’s horrible,” he said.
The executive order banning transgender service members states that the government has “high standards for troop readiness” and that it’s “inconsistent with the medical, surgical, and mental health constraints on individuals with gender dysphoria.”
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“This policy is also inconsistent with shifting pronoun usage or use of pronouns that inaccurately reflect an individual’s sex,” the order states.
Fram says trans troops are capable of accomplishing their wartime mission.
“We have been serving openly, honorably and with distinction, meeting and exceeding standards for nearly a decade,” Fram said.
Ellis says she’s “done everything to meet the standard and be deployable and mission-ready.”
Concerns for remaining troops
What’s happening, Fram said, also affects cisgender service members.
Some of those facing discharge are also in specialized positions, with years of training behind them, Fram and Ellis pointed out.
“People have served with us for a decade openly, and they know just how capable and competent we are and how we have one another’s backs,” Fram said.
Amid all this, Ellis said she’s still “going in and putting my game face on.”
“Just like with any hardship in life, I’m always going to put the mission first when it comes to the military,” Ellis said.
The Associated Press contributed to this report.
