A federal appeals court in Washington, D.C. has ruled that Donald Trump’s ban on transgender service members in the US military is unconstitutional, describing the policy as “arbitrary” and driven by “animus” towards transgender people. The 2-1 decision blocks the administration from removing transgender troops from the armed forces, though it allows the Pentagon to continue denying new transgender recruits while legal challenges proceed.
Judge Robert Wilkins, writing for the majority, said the policy lacked reasonable justification and was instead “driven by the bare desire to harm a politically unpopular group: persons who identify as transgender.” The ruling upholds a March 2025 decision by District Judge Ana Reyes, who found the ban “unabashedly demeaning” and “soaked in animus.”
The legal challenge was brought by more than two dozen active-duty service members and recruits, who argued the orders violated their 14th Amendment right to equal protection. Shannon Minter, legal director of the National Center for Lesbian Rights, called the ruling “a dramatic shift in the status quo,” noting it stops the administration from discharging service members who have served honorably for years.
Trump’s directive, issued shortly after he took office in January 2025, claimed that adopting a gender identity inconsistent with an individual’s sex “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.” The Department of Defense subsequently ordered a review of medical records to begin removing transgender personnel from all branches.
In his dissent, Trump-appointed Judge Justin Walker argued that only the president and Congress have the authority to set military policy. However, the majority found that the administration’s statements “disparaging” transgender people demonstrated that the policy was based on prejudice rather than legitimate military concerns.
