Judge Certifies Class in Trans Ban

On Tuesday, District Judge Ana Reyes certified a class of transgender service members and troops in Talbott v. Trump, expanding the lawsuit challenging Trump administration’s ban on transgender military service. She set a trial for January 4 and said numerosity and typicality would not bar certification, reserving judgment on plaintiffs’ class definition.

The Advocate

The 2017 executive order by President Donald Trump barred most transgender individuals from serving in the armed forces. Judge Reyes previously issued a preliminary injunction, finding the government’s justifications rooted in animus rather than military need. The class-certification hearing coincided with the Supreme Court’s decision on transgender-student cases, prompting briefs on the impact. Reyes estimated the class could include 10,000 to 15,000 people, and Washington case involves the Gender Justice League, whose membership may exceed 1,000.

The Advocate

Judge Reyes said a class merely “wishes” to join the military would be impossible to assess and suggested tying the definition to the administration’s language, such as a diagnosis of gender dysphoria. Justice Department argued a nationwide class could interfere with Washington litigation. Plaintiffs’ attorneys, Joseph Wardenski and Jennifer Levi, said the case is ready for summary judgment after a pause for appellate guidance.

The Advocate

Judge Reyes criticized plaintiffs’ counsel for “wasting about a year of litigation time” and questioned their resources to represent a class of 15,000 members. She rejected that overlapping lawsuits automatically preclude class certification. The Justice Department opposed broad class, citing conflicts with Shilling v. United States.

The Advocate

The class definition remains unsettled; the judge rejected the plaintiffs’ broader proposal. Reyes had not yet read the Supreme Court’s recent decision, leaving its impact on the injunction unclear. A March 16 Advocate article quoted Shannon Minter saying Reyes “indicated initial support” for class certification, a claim Reyes later denied, creating a discrepancy.

The Advocate

• “I’m not going to certify a class of everyone who ‘wishes’ to accede,” — Judge Ana Reyes.

The Advocate

• “It can’t be that if you have more than one litigation in the country, that automatically means you can’t have a class action,” — Judge Ana Reyes.

The Advocate

• “You have wasted on behalf of your clients about a year of litigation time,” — Judge Ana Reyes.

The Advocate

• “This is an incredibly significant case for our country, for the military, and for the thousands of transgender individuals who have dedicated their lives to military service,” — Shannon Minter, Legal Director, National Center for LGBTQ+ Rights.

The Advocate

The trial is set for January 4. Parties must file ten-page briefs on whether the Supreme Court’s recent ruling affects the preliminary injunction. Later motions may seek a permanent injunction or summary judgment, and the court will consider carving out Gender Justice League members.

The Advocate