A federal appeals court delivered a split decision Monday regarding the military’s transgender service policy, preventing the discharge of current transgender troops while permitting continued restrictions on new enlistments.
The U.S. Court of Appeals for the District of Columbia Circuit issued a 2-1 decision stating that the 2025 policy was unlawfully driven “by the bare desire to harm a politically unpopular group.”
However, the court acknowledged the Pentagon’s extensive authority over military recruitment criteria and ruled that transgender individuals can continue to be prohibited from joining the armed forces while litigation proceeds involving current and prospective transgender service members.
Circuit Judge Robert Wilkins, appointed by Democratic President Barack Obama, explained the court’s reasoning: “It appears to us to be a much greater hardship to end a military career than to delay the start of one.”
In his dissenting view, Circuit Judge Justin Walker, a Trump appointee, argued that courts “have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks.”
The legal representative for the plaintiffs, Jennifer Levi from LGBTQ rights organization GLAD Law, praised the court’s action.
“This decisive ruling confirms that the Trump Administration has no legitimate basis to discharge transgender service members who have met every demanding standard and proven, time and again, their fitness and dedication to serve,” Levi stated.
The Pentagon has not yet provided a response to requests for comment.
This decision partially overturns a 2025 ruling from a Washington, D.C. federal judge who had completely halted the policy’s enforcement during ongoing legal proceedings. That judge determined the policy constituted sex-based discrimination and potentially violated constitutional equal protection guarantees.
In January 2025, President Donald Trump issued an executive order declaring that embracing a transgender identity “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.” Defense Secretary Pete Hegseth quickly enacted Trump’s directive, leading to immediate legal challenges.
This military restriction represents one component of a wider Trump administration initiative to eliminate recognition and support for transgender individuals across American society.
Federal departments have withdrawn lawsuits supporting transgender employees, terminated agreements benefiting transgender students, and initiated probes into medical facilities and physicians providing gender-affirming care to minors.
Department of Defense statistics show approximately 1.3 million active-duty military personnel. Transgender advocacy organizations estimate up to 15,000 transgender individuals serve in the military, though government officials place the figure in the low thousands.
In May 2025, the U.S. Supreme Court permitted the policy’s implementation by overturning a judge’s temporary restraining order from a separate Washington state case.
However, Judge Wilkins noted in Monday’s D.C. Circuit opinion that the Supreme Court provided no explanation for its decision and may have ruled on procedural grounds rather than case substance.
