Left: Defense Secretary Pete Hegseth delivers a speech in the James Brady Press Briefing Room at the White House, Thursday, Jan. 30, 2025, in Washington (AP Photo/Alex Brandon). Right: U.S. District Judge Ana C. Reyes during her confirmation hearings in June 2022 (U.S. Senate/YouTube).
A federal judge has issued a demand for clarification from Defense Secretary Pete Hegseth following the Pentagon’s recent declaration that it will offer “testosterone replacement therapy” to troops who express interest.
This request is rooted in an ongoing legal case initiated by Nicolas Talbott along with seven co-plaintiffs, challenging the Trump administration’s prohibition on transgender military personnel. They argue that the ban on transgender service members and their access to gender-affirming care contravenes due process by discriminating on the basis of sex.
On July 15, Hegseth declared, “Voluntary testosterone replacement therapy (TRT) will be available for individuals with low testosterone, as part of the Department of Defense’s ‘periodic health assessments.'”
Additionally, the court has extended an invitation to the parties to include “expert declaration(s) addressing these issues” alongside their submitted briefs.
The Reyes order takes aim at an obvious bit of discord between the transgender ban and the new voluntary medical program.
The Trump administration has couched some of its complaints about transgender troops in terms of the recurring medical care some seek out — specifically hormone therapy. The Hegseth-led Pentagon has insisted that “[n]o funds from the Department of Defense will be used to pay for Service members’ unscheduled, scheduled, or planned medical procedures associated with…newly initiated cross-sex hormone therapy.”
Now, the government is offering certain troops hormone therapy as a matter of course and framing the new program as something of a boon to the military’s fighting efficiency.
Also on Wednesday, Reyes set a briefing schedule for the case.
Briefs are due Aug. 7, discovery requests are due Aug. 14, expert reports are due Sept. 4, and all responses and replies are due by Sept. 25. Discovery is expected to close Oct. 16, with summary judgment motions due Nov. 13 and responses due Dec. 14.
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