A divided panel of appeals court judges ruled that a Trump administration policy unlawfully barred transgender soldiers from serving in the military. Most Monday…
WASHINGTON (AP) — A Trump administration policy illegally barred transgender soldiers from serving in the military, a panel of federal appeals court judges is divided. Monday’s ruling.
The majority opinion by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit essentially upheld a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C., who concluded that President Donald Trump’s executive order banning transgender service members from military service may have violated their constitutional rights.
Government appeals after Reyes attorneys request preliminary injunction six transgender people They are active duty military personnel and the other two are seeking to join the military. The appeals court majority ruled that the injunction should be narrowed to plaintiffs currently serving in the military, not those seeking to join the military.
The ruling will not take effect immediately, giving the government time to ask the full Court of Appeal to hear the case.
The U.S. Supreme Court last year allowed the transgender military enlistment ban to go into effect as litigation continued. Another lawsuit challenging the ban was filed in Washington state and resulted in a ruling in favor of plaintiffs who challenged the policy in that case.
In January 2025, Trump signed an executive order claiming that the gender identity of transgender service members “conflicts with Soldiers’ commitment to an honorable, honest, and disciplined lifestyle, even in their personal lives” and is detrimental to military readiness.
In response to the order, Defense Secretary Pete Hegseth Publishing policy This could disqualify someone with gender dysphoria from military service. Gender dysphoria refers to the distress a person experiences due to a mismatch between their assigned gender and gender identity. This health condition has been linked to depression and suicidal thoughts.
Justice Robert Wilkins wrote for the majority that the policy “appears to be motivated by a pure desire to harm a politically unpopular group: people who identify as transgender.” Wilkins was nominated to the Supreme Court by Democratic President Barack Obama.
Justice Justin Walker said in a dissenting opinion that judges do not have the authority to second-guess the decision to exclude transgender troops.
“We have neither the expertise nor the authority to determine whether the military can exclude plaintiffs from the military. The Constitution vests that authority in Congress and the Commander-in-Chief,” wrote Walker, a Republican nominated by Trump.
Judge Judith Rogers, nominated by Democratic President Bill Clinton, agreed with Wilkins but also expressed partial dissent.
