Labor & Employment Law Daily Wrap Up, REMEDIES, DAMAGES—D.N.J.: Transgender servicemembers temporarily halt involuntary separation proceedings, (Mar 25, 2025)

By Todd Harrison, J.D.

“Defendants have not demonstrated any compelling justification whatsoever for immediate implementation of the Orders, particularly since transgender persons have been openly serving in the military for a number of years.”

A temporary restraining order was granted to two members of the United States Air Force preventing the government from initiating involuntary separation proceedings against them pursuant to a January 27 executive order titled “Prioritizing Military Excellence and Readiness,” and subsequent implementing guidance issued by the Secretary of Defense and the Air Force. A federal district court in New Jersey issued a 14-day TRO effective immediately, finding that the orders presented a “clear and unambiguous violation of constitutional rights,” and the grant of temporary relief was in the public interest, as it prevented unconstitutional discrimination and would maintain the status quo of policies that have governed military service for the past several years (Ireland v. Hegseth, No. 25-cv-01918 (D.N.J. Mar. 24, 2025)).

The plaintiffs in this matter are transgender men who serve as Master Sergeant and Staff Sergeant, respectively, in the U.S. Air Force. Both have exemplary service records.

Immediate adverse actions. Following the issuance of the executive order and its subsequent implementing guidance, both men were subjected to immediate adverse actions, including forced administrative absence and removal from their training assignments and active deployment. They faced further imminent harm in the form of involuntary separation proceedings expected to begin as early as March 26. Here, they sought a temporary restraining order against the government until the court could consider their forthcoming motion for a preliminary injunction. The court granted the TRO.

Success on the merits. First, the court found the servicemembers had demonstrated a likelihood of success on the merits of their claims that the orders, at a minimum, violated the Equal Protection Clause of the Fifth Amendment. Specifically, the court noted that: (1) the orders classified the servicemembers based on their sex and thus warranted intermediate scrutiny; and (2) the government could not meet its burden to show an “exceedingly persuasive” justification for its differential treatment.

Irreparable harm. Second, the court determined that the servicemembers established irreparable harm. The servicemembers had already been pulled from their assignments, were forced on administrative absence, and were now facing imminent involuntary administrative separation proceedings that would cause lasting harm to their exemplary military careers and reputations.

“Being summarily and involuntarily dismissed from military service after years of unblemished and decorated service under the cloud of being suddenly deemed unfit and disqualified for military service for no reason other than one’s gender identity is irreparable harm,” said the court.

Equities, public interest. Finally, the court found that the balance of equities and the public interest warranted the issuance of a TRO. The servicemembers face severe personal and professional harm absent a preliminary injunction, explained the court, and the government had failed to demonstrate “any compelling justification whatsoever for immediate implementation of the Orders, particularly since transgender persons have been openly serving in the military for a number of years.

In addition, the court determined that granting temporary relief was in the public interest, as doing so would prevent unconstitutional discrimination and would serve to maintain the “status quo of policies that have now governed the military for years.”

The case is No. 25-cv-01918.

Judge: O’Hearn, C.

Attorneys: Eli Segal (Stapleton Segal Cochran) for Logan Ireland. Abhishek Kambli, U.S. Department of Justice, for Peter B. Hegseth.

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