A US appeals court panel ruled 2-1 that former President Donald Trump's policy banning transgender individuals from military service is "illegal" and discriminatory. The court issued a temporary injunction preventing the military from dismissing current transgender personnel but allowed the Department of Defense to continue suspending recruitment of new transgender service members for now.
The US Court of Appeals in Washington, D.C., by a 2-1 majority, found that the Department of Defense's policy restricting transgender individuals from joining the military is unlawful and constitutes discrimination based on gender identity.
This ruling represents another legal obstacle for President Donald Trump's administration, which has pushed policies limiting transgender rights in various areas since returning to office.
However, the court did not halt the entire policy, permitting the military to continue barring new transgender recruits during ongoing proceedings, while prohibiting dismissal of transgender service members who are plaintiffs in the case.
The case began in January 2025 after President Donald Trump signed an executive order claiming transgender identity "conflicts with the military's commitment to a lifestyle of honor, integrity, and discipline, even in personal life," and harms military readiness.
Later, Defense Secretary Pete Hegseth issued a policy stating that individuals suffering from gender dysphoria are generally disqualified from military service.
Judge Robert Wilkins, writing for the majority, said the policy appears motivated more by a desire to harm a politically unpopular group than by legitimate security or military effectiveness concerns.
The court reasoned that dismissing active transgender service members would cause greater harm than delaying the recruitment of new transgender applicants.
Jennifer Levi, senior director for transgender and LGBTQ rights at GLAD Law, representing the plaintiffs, said the ruling affirms the courage and dedication of transgender troops who have served the country.
The Pentagon has yet to issue an official statement, but Defense Secretary Pete Hegseth posted briefly on platform X saying, "See you at SCOTUS," signaling the government will appeal to the Supreme Court.
This ruling upholds parts of a March 2025 district court order by Judge Ana Reyes, who previously ruled that the policy may violate constitutional rights.
However, dissenting Judge Justin Walker argued that the court lacks authority or expertise to decide military recruitment policies concerning transgender individuals, which belong to Congress and the Commander-in-Chief under the Constitution.
Currently, the US military has about 1.3 million active-duty personnel. LGBTQ rights groups estimate around 15,000 transgender service members, though military officials say the actual number may be in the thousands.
Earlier in May 2025, the US Supreme Court allowed the government to temporarily enforce the policy during litigation in a separate Washington state case, so legal disputes over transgender military rights continue and may return to the Supreme Court soon.
/sourceAssociated Press/Reuters