The government cited new guidance issued March 21 that it expected to enact the policy if not for the ongoing litigation. The guidance clarified that “the phrase ‘exhibit symptoms consistent with gender dysphoria’” solely applies to “‘individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis.'”
Reyes said she wanted to allow more time for the appeals process. She also said she had previously allowed plenty of time to appeal her earlier opinion blocking the ban from going into effect.
On Saturday, Hegseth said Reyes should report to military bases since she is “now a top military planner.”
“Since ‘Judge’ Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare,” Hegseth wrote on X.
On Wednesday, Reyes acknowledged that Military Department Identification Guidance (MIDI Guidance) is new, but the argument presented by the defense is not.
“Defendants re-emphasize their ‘consistent position that the [Hegseth] Policy is concerned with the military readiness, deployability, and costs associated with a medical condition,’” the judge wrote. “Regulating gender dysphoria is no different than regulating bipolar disorder, eating disorders, or suicidality. The Military Ban regulates a medical condition, they insist, not people. And therein lies the problem.
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