A federal appeals court ruled that Trump’s policy banning transgender troops from military service violates the Constitution, marking a significant legal setback for the administration’s anti-LGBTQ agenda.
The US Court of Appeals for the DC Circuit issued a split 2-1 decision Monday, with the majority finding that the policy violates transgender service members’ “constitutional right to equal protection of the law.” The ruling protects current transgender troops named in the lawsuit from being discharged but does not allow new transgender recruits to enlist.
“Appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender.” Judge Robert Wilkins, writing for the majority
The case centers on Trump’s January 27, 2025 executive order titled “Prioritizing Military Excellence and Readiness,” which denounced the armed forces as infiltrated with “radical gender ideology.” The order described transgender people as unfit for service and led to a 13-page Pentagon memorandum in February 2025 declaring that service members with gender dysphoria or who have used hormone therapy would be “disqualified from military service.”
Judge Robert Wilkins, an Obama appointee, wrote the majority opinion. Judge Judith Rogers, a Clinton appointee, agreed partially but felt the ruling should extend to new recruits. Judge Justin Walker, a Trump appointee, dissented and questioned the court’s authority to challenge military policy.
The ban remains in effect while the Supreme Court considers the case, after allowing enforcement to begin last year. The Pentagon implemented the policy under Defense Secretary Pete Hegseth, targeting an estimated 15,000 transgender service members currently serving.
What you can do now
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Contact your senators to demand they oppose Pete Hegseth’s confirmation and any officials who implement discriminatory policies. Find your senators at senate.gov/senators/senators-contact.htm and tell them constitutional violations cannot stand.
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Call the Pentagon’s public affairs office at (703) 571-3343 to demand the military stop enforcing unconstitutional policies against transgender service members while appeals continue.
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Contact your state attorney general to urge them to file amicus briefs supporting transgender rights when this case reaches the Supreme Court. Find your AG at naag.org/find-my-ag and emphasize equal protection applies to all Americans.
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Support legal defense organizations like Lambda Legal and the ACLU who are fighting these cases in court by donating or volunteering for their campaigns defending LGBTQ constitutional rights.
Primary Sources
Al Jazeera: US Court Upholds Injunction Against Trump Transgender Military Ban
Federal News Network: Pentagon Policy Illegally Banned Transgender Troops, Appeals Court Rules