A federal judge suggested Wednesday that Defense Secretary Pete Hegseth’s new policy requiring troops to meet testosterone levels — and delivering testosterone replacement therapy — could undercut the rationale behind the department’s restrictions on trans troops.
Judge Ana Reyes, a Biden appointee who is overseeing cases challenging the trans troop policy, ordered the government to explain itself.
“The Military Ban states that ‘the Armed Forces must adhere to high mental and physical health standards … without the benefit of routine medical treatment or special provisions,’” Judge Reyes wrote in a brief order. “The court must assess the impact of this newly announced policy on the parties’ positions.”
She said she was taking “judicial notice” of Mr. Hegseth’s new testosterone policy, which means she is, on her own say-so, incorporating it into her deliberations on the case.
She ordered both sides to file briefs addressing “the department’s basis for treating trans men and other service members differently between this new policy and the Military Ban,” plus whether there are differences in administering testosterone treatments to trans troops versus the general population.
Testosterone injections can be part of hormone therapy for female-to-male transitions.
The Pentagon declined to comment on Judge Reyes’s order, citing the pending case.
Mr. Hegseth, in a video announcing the policy, said troops ages 30 and older would automatically be screened for testosterone deficiency, and those younger could voluntarily submit to testing.
He said any treatment would be voluntary.
“This initiative is not about artificial enhancement,” he said. “It’s about restoring and optimizing your natural capability, protecting your longevity and ensuring you have the biological foundation required to sustain the fight.”
