Judge: Trump's ban on transgender troops on hold until trial

A US judge in Seattle has ordered President Donald Trump not to ban transgender troops from serving in the military, saying it's unclear whether recent changes to his administration's policy are constitutional.

US District Judge Marsha Pechman was one of four judges nationwide who blocked Trump late last year from overturning an Obama-era directive allowing transgender troops to serve openly.

The Justice Department asked her to dissolve that ruling, citing changes that would allow transgender troops to serve in limited cases.

Because the changes were announced just last month, the sides had not had time to argue whether the policy is discriminatory or whether the military is entitled to set its own policy, given its expertise in what's needed for national defence, Pechman said in an order Friday. She told the parties to prepare for trial.

"Because transgender people have long been subjected to systemic oppression and forced to live in silence, they are a protected class," Pechman wrote. "Therefore, any attempt to exclude them from military service will be looked at with the highest level of care."
She also said the government must show that the ban "was sincerel motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests."