A US appeals court has ruled that transgender troops can remain in the military, but the armed services may continue to block new enlistments. The split decision, issued on Monday by a three-judge panel of the US Court of Appeals for the District of Columbia Circuit, deals a blow to the Trump administration's anti-diversity agenda, calling the ban 'arbitrary, and based on animus'.
The ruling largely upholds a preliminary injunction preventing the dismissal of six active-duty transgender plaintiffs. However, it narrows the scope to the estimated 1,000 openly transgender service members, excluding those seeking to enlist. The decision is expected to be challenged by the government and may ultimately reach the US Supreme Court.
Circuit Judge Robert Wilkins, writing for the majority, stated that the government had not provided any factual basis for its 'disparaging characterizations' of transgender citizens. He added that the policy 'appears to be driven by the bare desire to harm a politically unpopular group'. The dissenting judge, Justin Walker, argued that the judiciary lacks the authority to make military composition decisions.
The ruling stems from a January 2025 presidential order by Donald Trump mandating the removal of transgender service members, which Defense Secretary Pete Hegseth implemented with a policy presumptively disqualifying those with gender dysphoria. Hegseth indicated on social media that the administration intends to appeal, posting 'See you at SCOTUS'.
