A US federal appeals court on June 25 ruled that President Donald Trump's policy to remove transgender individuals from the military violates the Constitution. However, the decision from a three-judge panel of the US Court of Appeals for the District of Columbia Circuit was sharply divided.
Judge Robert Wilkins, an appointee of former President Barack Obama, wrote the majority opinion, stating that the policy violates "the constitutional right to equal protection under law." He upheld a lower court ruling that rejected the Trump administration's policy toward service members already in the military.
Judge Judith Rogers, appointed by former President Bill Clinton, partially agreed with Wilkins and argued that the ban should also apply to those seeking to enlist. In contrast, Judge Justin Walker, a Trump appointee, dissented, questioning the court's authority to rule on US military policies.
The case centers on one of Trump's first actions in his second term: an executive order on January 27, 2025, titled "Prioritizing Military Excellence and Readiness." In it, Trump criticized the US military as infiltrated by "extreme gender ideology" and described transgender people as unfit for service due to "misaligned gender identity."
The executive order formed the basis for a 13-page Pentagon memorandum signed by Defense Secretary Pete Hegseth in February 2025, stating that any service member with "symptoms" of gender identity disorder or who had undergone hormone therapy or gender-affirming surgery would be "discharged from military service."
In his ruling, Judge Wilkins described the policy as blatant discrimination, "apparently driven by a desire to harm a politically unpopular group: those who identify as transgender." He noted that the transgender plaintiffs in the case had a combined 130 years of military service and earned more than 80 commendations. Given that evidence, Wilkins argued that the Trump administration "abandoned any argument" that "retaining these service members would harm national security."
However, the ruling did not fully uphold the preliminary injunction issued by Judge Ana Reyes. Wilkins agreed that the Trump administration could not discharge those already serving, but found less harm for those seeking to join. Therefore, the ruling partially lifted Reyes' injunction, which had blocked the administration from banning transgender individuals from the recruitment process.
The split ruling is not expected to have an immediate impact on US military policy. The appeals court had already stayed Reyes' injunction as the case proceeds. Last year, the US Supreme Court also issued a stay against a transgender policy under Trump in United States v. Shilling.
In a brief social media post, Secretary Hegseth said the Pentagon would appeal: "See you at SCOTUS." Meanwhile, Democratic lawmakers and LGBTQ+ advocacy groups welcomed the decision as a victory against prejudice and discrimination under the Trump administration.
