A federal appeals court dealt a new blow to the Trump administration’s transgender military policy, ruling that the ban is likely unconstitutional.
In a 2-to-1 decision, a panel of judges on the D.C. Circuit Court of Appeals said the policy appears to target service members based on their gender identity and may violate constitutional equal protection guarantees.
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The case was brought by more than a dozen transgender service members and military applicants who challenged a policy put in place after Trump returned to office.
That policy, implemented through an executive order, said the military’s “high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity and integrity” are inconsistent with the “medical, surgical and mental health constraints on individuals with gender dysphoria.”
The ruling
The court left in place protections for the active-duty plaintiffs who sued, meaning they cannot be removed from the military while the case continues. But the ruling does not open the door to new transgender recruits, and the broader policy remains in effect for now.
Writing for the majority, Judge Robert Wilkins said the government’s explanation for the policy appeared to be a pretext and that the record showed animus toward transgender people.
Issue remains ongoing
The Trump administration has argued the restrictions are necessary for military readiness and unit cohesion. Defense Secretary Pete Hegseth signaled the fight is far from over, posting just four words after the decision: “See you at SCOTUS.” He has repeatedly told military gatherings, “No dudes in dresses.”
The Supreme Court already allowed the military to enforce the policy while the legal challenges play out. Monday’s decision sets up another likely showdown before the High Court.
