WASHINGTON (AP) 鈥� A federal judge on Tuesday questioned President Donald Trump's motives for issuing an executive order that calls for from serving in the U.S. military, describing a portion of the directive as 鈥渇rankly ridiculous.鈥�
U.S. District Judge Ana Reyes indicated that she won't rule before early March on whether to temporarily block the Trump administration from enforcing the order, which plaintiffs' attorneys have said illegally discriminates against transgender troops.
But her questions and remarks during Tuesday's hearing suggest that she is deeply skeptical of the administration's reasoning for ordering a policy change. Reyes also lauded the service of several active-duty troops who sued to block the order.
鈥淚f you were in a foxhole, would you care about these individuals' gender identity?鈥� the judge asked a government attorney, who answered that it 鈥渨ould not be a primary concern of mine.鈥�
Trump鈥檚 Jan. 27 order claims the sexual identity of transgender service members 鈥渃onflicts with a soldier鈥檚 commitment to an honorable, truthful, and disciplined lifestyle, even in one鈥檚 personal life鈥� and is harmful to military readiness. It requires to issue a revised policy.
Six transgender people who are active-duty service members and two others seeking to join the military the Trump administration from enforcing the order. In a court filing, plaintiffs' lawyers argued that Trump's order openly expresses "hostility鈥� and constitutionally impermissible 鈥渁nimus鈥� toward transgender people.
Reyes said the order's language smears thousands of transgender troops as dishonest, dishonorable and undisciplined.
She asked Justice Department attorney Jason Lynch: 鈥淗ow is that anything other than showing animus?鈥�
鈥淚 don鈥檛 have an answer for you,鈥� Lynch responded.
鈥淣o, you have an answer. You just don鈥檛 want to give it,鈥� the judge shot back.
Trump's order also says that 鈥渦se of pronouns that inaccurately reflect an individual鈥檚 sex鈥� is inconsistent with a government policy to "establish high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.鈥�
Reyes said it is 鈥渇rankly ridiculous鈥� to suggest that pronoun usage could impact the military readiness of the U.S. armed forces.
"Because it doesn't. Because any common sense, rational person would understand that it doesn鈥檛,鈥� said Reyes, who was nominated by President , a Democrat.
Reyes peppered Lynch for several hours with questions about the executive order. They disagreed on whether the language of the executive order explicitly bans transgender people from serving in the military.
Reyes asked Lynch if Trump himself would call it a ban, then added, 鈥淗e would say, 鈥極f course it is,鈥� because he calls it a transgender ban.鈥� Lynch said the order itself doesn鈥檛 require the discharge of service members while Hegseth crafts a policy that reflects it.
鈥淓veryone knows a change is coming. I鈥檓 not denying that,鈥� Lynch said.
Reyes is expected to hear more arguments on Wednesday and again on March 3.
Plaintiffs鈥� attorneys contend Trump's order violates transgender people鈥檚 rights to equal protection under the Fifth Amendment, marking them as 鈥渦nequal and dispensable, demeaning them in the eyes of their fellow service members and the public.鈥�
鈥淭he ban is an irrational and prejudicial attack on service members who have risked their lives to serve their country,鈥� they wrote in .
Government attorneys say the plaintiffs are prematurely challenging an order that doesn鈥檛 immediately require transgender troops to be discharged. The Justice Department also argues that the constitutional right to equal protection 鈥渞equires only that similarly situated persons be treated alike.鈥�
鈥淎 transgender individual identifying as a woman is not similarly situated to a biological female, nor is a transgender individual identifying as a man similarly situated to a biological male,鈥� .
During Trump鈥檚 first term, the Republican issued a directive directive to ban transgender service members. The Supreme Court . Biden when he took office.
Thousands of transgender people serve in the military, but they represent less than 1 percent of all active-duty service members.
The plaintiffs include an Army Reserves platoon leader, an Army major who was awarded a Bronze Star for service in Afghanistan and a Sailor of the Year award winner serving in the Navy. They are represented by attorneys for the National Center for Lesbian Rights and GLAD Law.
Michael Kunzelman, The Associated Press
