Divided appeals court rules transgender military ban likely unconstitutional
A divided federal appeals court ruled Monday that the Trump administration’s policy banning 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, finding that Secretary of Defense Pete Hegseth’s policy was driven by animus toward transgender people. The majority judges left in place a preliminary injunction that prevents the Defense Department from removing transgender troops who are already serving, but allowed the administration to enforce restrictions on transgender individuals seeking to enlist. The dissenting judge was nominated by President Trump. Secretary Hegseth responded on social media by writing, “See you at SCOTUS.” The ruling stems from a lawsuit filed by more than a dozen active-duty transgender service members and prospective recruits. According to the article, an estimated 4,200 troops had been diagnosed with gender dysphoria as of December 2024.
What’s reported
The D.C. Circuit panel ruled 2-1 that the ban is likely unconstitutional due to animus.
Judges Judith Rogers and Robert Wilkins formed the majority; Judge Justin Walker dissented.
The injunction protecting active-duty transgender troops remains in place for the plaintiffs.
The administration is allowed to enforce the policy against transgender individuals seeking to join the military.
Hegseth wrote on social media: “See you at SCOTUS.”
President Trump issued an executive order targeting service members with gender dysphoria early in his second term.
The Defense Department issued a policy in February 2025 disqualifying people with gender dysphoria unless they obtain a waiver.
An estimated 4,200 troops had been diagnosed with gender dysphoria as of December 2024.
1,900 active-duty members received gender-affirming care from the Defense Department between January 2016 and May 2021.
Open questions
The article does not indicate whether the Supreme Court will accept the case or when a final ruling might occur.
Key figures
Secretary of Defense Pete Hegseth
Judge Judith Rogers (majority)
Judge Robert Wilkins (majority)
Judge Justin Walker (dissent)
President Donald Trump
U.S. District Judge Ana Reyes
More than a dozen unnamed transgender active-duty service members and prospective recruits (plaintiffs)
Sources: CBS News
