A divided federal appeals court in Washington, D.C., has blocked the Trump administration from removing transgender service members from the U.S. military, marking a major victory for trans troops who have been subjected to what judges described as demeaning and disparaging orders from the president and the Pentagon.
Court Ruling Highlights Animus
In a 2-1 ruling on Monday, the court found that the administration's policy was arbitrary and fueled by animus toward transgender people. Judge Robert Wilkins wrote that the disqualifications were completely unexplained and lacked reasonable justification, driven instead by a bare desire to harm a politically unpopular group: persons who identify as transgender.
Wilkins emphasized that the court had direct evidence of animus motivating the classifications, rejecting any speculation about the government's intent. The ruling follows a months-long legal battle in which more than two dozen active-duty service members and recruits argued that the orders violated their 14th Amendment right to equal protection under the law.
Background of the Policy
President Trump's directive, issued shortly after taking office in January, 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 later ordered military officials to immediately review medical records for trans service members to begin their removal from all branches.
This order came after a Supreme Court decision that temporarily allowed the administration to bar trans people from entering the military and to remove currently serving trans members, despite earlier court rulings finding the directive discriminatory.
Pretextual Justifications
Monday's ruling refused to dismiss the president's order as merely demeaning, analyzing policy memos and statements from officials. The judges noted they could not ignore the disparaging statements repeatedly made by decisionmakers, which revealed that the stated reasons based on gender dysphoria were pretextual. Instead, the policy was premised on a non-legitimate state interest to harm transgender persons.
The court allowed the Pentagon to continue denying new trans recruits while the legal challenge proceeds, but blocked the removal of current service members. This is a developing story.
