A federal appeals court has ruled that the Trump administration’s policy banning transgender individuals from serving in the military cannot force the removal of transgender members currently serving. The decision, reached by a 2-to-1 vote, declared that the policy violates the constitutional right to equal protection under the law for those already in uniform.
The policy, known as the "Hegseth policy," prohibits military personnel from openly identifying as transgender. While the Supreme Court allowed the policy to take effect regarding new recruits, the appeals court barred its application to existing service members diagnosed with gender dysphoria. Judges Robert Wilkins and Judith Rogers, appointed by previous Democratic administrations, formed the majority, emphasizing that the policy was arbitrary and rooted in animus towards transgender individuals.
In the ruling, the judges noted that those service members affected by the ban have a history of honorable military service and do not compromise national security despite their gender identity. They highlighted that expelling these active-duty members would unfairly target a politically unpopular group. The policy continues to ban new applicants with gender dysphoria from enlisting, based on the Department of Defense’s position that such individuals do not meet the mental and physical standards required for service.
Judge Justin Walker, appointed by the Trump administration, dissented from the majority. He argued that decisions concerning military force composition belong exclusively to the Executive branch and Congress, not the judiciary. Walker expressed concern that the courts have overstepped their constitutional role by intervening in military personnel policy decisions.
The ruling leaves open the possibility of further appeal to the full D.C. Circuit or the Supreme Court, maintaining uncertainty over the future enforcement of transgender military service policies. Requests for comment from the Department of Defense had not been immediately returned.