Appeals Court Keeps Ban on Transgender Enlistment but Blocks Removals

A divided federal appeals court ruled Monday that the Trump administration's policy banning transgender individuals from serving in the U.S. military is likely unconstitutional. The U.S. Court of Appeals for the D.C. Circuit split 2-1. Two judges found that the policy rolled out last year was driven by animus toward transgender people and likely violated the Constitution's guarantee of equal protection.

Trump signed an executive order in the opening days of his second term that targeted active-duty and prospective service members with gender dysphoria. The directive said the military's standards for troop readiness, lethality, cohesion, honesty, humility, uniformity and integrity are inconsistent with the medical, surgical and mental health constraints on individuals with gender dysphoria.

Soon after the order, the Defense Department paused new accessions for people with a history of gender dysphoria and halted medical procedures for transgender troops. A formal policy issued in February 2025 disqualified people with gender dysphoria from military service unless they obtained a waiver.

The D.C. lawsuit was brought by more than a dozen transgender active-duty service members and a group of transgender individuals pursuing enlistment. They argued the policy unlawfully discriminated against them based on sex and transgender status. In March 2025 a district judge granted the plaintiffs' request to block enforcement and issued a decision finding the policy was driven by unconstitutional animus.

The Trump administration appealed and asked the appeals court to allow enforcement while litigation continued. In May 2025 the Supreme Court allowed the administration to continue enforcing its policy on transgender military service while litigation moved forward.

The two-judge majority agreed to leave in place a preliminary injunction that prevents the Defense Department from removing transgender troops who are in the military. The order is narrow and covers only the active-duty plaintiffs in the case. The same panel allowed the administration to enforce restrictions on transgender plaintiffs who sought to join the military but were prevented under the new policy.

One judge wrote that the policy does not classify eligibility to serve in a reasonable and evenhanded manner because it disqualifies any person diagnosed with gender dysphoria regardless of when the diagnosis occurred or whether the person currently suffers from it.

The opinion noted that the plaintiffs have served a combined 130 years in the military and earned more than 80 commendations. The Trump administration did not contest that they served honorably and satisfied military standards. The opinion also stated the administration conceded there was no evidence to establish that persons with gender dysphoria are not honest, humble, and full of integrity.

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.