Appeals court rules transgender military ban likely unconstitutional
A divided federal appeals court ruled Monday that the Trump administration’s policy barring transgender individuals from military service is likely unconstitutional. A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit split 2-1, with Judges Judith Rogers and Robert Wilkins finding the policy driven by animus toward transgender people and violating equal protection guarantees. The ruling leaves in place a preliminary injunction that prevents the Defense Department from removing active-duty transgender troops who are plaintiffs in the case, but allows enforcement of restrictions on transgender individuals seeking to enlist. Secretary of Defense Pete Hegseth responded on social media, writing, “See you at SCOTUS.” Shannon Minter, legal director at the National Center for LGBTQ Rights, called the decision a “dramatic shift in the status quo.” The case stems from a lawsuit brought by more than a dozen transgender active-duty service members and enlistment seekers after Hegseth issued a policy in February 2025 disqualifying people with gender dysphoria from service unless they obtained a waiver.
What’s reported
A three-judge panel of the D.C. Circuit ruled 2-1 that the Trump administration’s transgender military ban is likely unconstitutional.
Judges Judith Rogers and Robert Wilkins agreed the ban likely violated equal protection; Judge Justin Walker dissented.
The court left in place a preliminary injunction blocking the Defense Department from removing active-duty transgender plaintiffs, but allowed restrictions on new enlistments to stand.
Secretary of Defense Pete Hegseth wrote on social media: “See you at SCOTUS.”
The Hegseth policy, issued in February 2025, disqualified people with gender dysphoria from service unless they obtained a waiver.
An estimated 4,200 troops had been diagnosed with gender dysphoria as of December 2024, according to a defense official.
Roughly 1,900 active-duty members received gender-affirming care from the Defense Department between January 2016 and May 2021, according to a January 2025 Congressional Research Service report.
Key figures
Pete Hegseth – Secretary of Defense
Judge Judith Rogers – Appointed by President Bill Clinton
Judge Robert Wilkins – Appointed by President Barack Obama
Judge Justin Walker – Nominated to the federal bench by President Donald Trump in 2020
Shannon Minter – Legal director, National Center for LGBTQ Rights
President Donald Trump
U.S. District Judge Ana Reyes (mentioned as issuing a prior ruling in March 2025)
Sources: CBS News
