WASHINGTON (AP) — Federal appeals court judges ruled Monday that a policy from the Trump administration unconstitutionally prohibited transgender individuals from serving in the armed forces.
A three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit mostly affirmed a March 2025 decision by U.S. District Judge Ana Reyes in Washington, D.C. Reyes had determined that President Donald Trump’s directive barring transgender military personnel likely infringed upon their constitutional protections.
The government challenged Reyes’ preliminary injunction, which was sought by lawyers representing six transgender active-duty personnel and two individuals hoping to enlist. The appeals panel’s majority determined the injunction should apply only to current military members among the plaintiffs, not prospective recruits.
The decision will not take immediate effect, giving the government opportunity to petition the complete appeals court for review.
The U.S. Supreme Court permitted the transgender service ban to proceed last year while court challenges continue. A separate lawsuit contesting the prohibition was brought in Washington state, resulting in a favorable ruling for those plaintiffs.
Trump issued an executive order in January 2025 stating that transgender service members’ sexual identity “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and undermines military preparedness.
Following the directive, Defense Secretary Pete Hegseth established a policy that generally disqualifies individuals with gender dysphoria from military participation. Gender dysphoria describes the emotional distress experienced when someone’s assigned gender differs from their gender identity. Medical professionals have connected this condition to depression and suicidal ideation.
Judge Robert Wilkins, writing for the majority, stated the policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender.” Wilkins received his nomination from Democratic President Barack Obama.
Judge Justin Walker disagreed in his dissenting view, arguing courts cannot override military exclusion decisions.
“We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief,” Walker wrote. Trump, a Republican, nominated Walker to his position.
Judge Judith Rogers, nominated by Democratic President Bill Clinton, supported Wilkins’ majority opinion while also filing a partial dissent.
