Federal Appeals Court Rules Transgender Military Ban Likely Unconstitutional

A divided federal appeals court ruled Monday that the Trump administration 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 on the policy rolled out last year.

Two judges found the policy likely violated the Constitution's equal protection guarantee and left a preliminary injunction in place that prevents removal of transgender troops who are already serving.

Policy The president signed an executive order in the opening days of his second term targeting active-duty and prospective service members with gender dysphoria. Officials said the military's standards for readiness, lethality, cohesion, honesty, humility, uniformity and integrity are inconsistent with 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 service unless they obtained a waiver.

The policy drew legal challenges in Washington, D.C., and Tacoma, Washington. In May 2025 the Supreme Court allowed the administration to continue enforcing the policy while litigation continued. In March 2025 a U.S. district judge granted plaintiffs' request to block enforcement and issued a decision finding the policy was driven by unconstitutional animus.

The administration appealed that ruling.

The two-judge majority concluded 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 active-duty plaintiffs have served a combined 130 years and earned more than 80 commendations, and that the administration did not contest they served honorably and met military standards.

“The government's stated reason for issuing the Hegseth Policy as based solely upon gender dysphoria was pretextual, and that instead, the Hegseth Policy was premised, at least in part, on a non-legitimate state interest to harm the politically unpopular group of transgender persons.”

The same opinion stated the administration conceded there was no evidence to establish that persons with gender dysphoria are not honest, humble, and full of integrity. The dissenting judge would have allowed the administration to enforce the policy.

The court permitted the administration to maintain restrictions on transgender plaintiffs seeking to enlist. 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.