A federal appeals court has ruled that the Trump administration cannot remove transgender troops currently serving in the US military.
In a 2-1 decision, a panel of the US Court of Appeals for the District of Columbia Circuit said the policy introduced under Defense Secretary Pete Hegseth likely violates constitutional protections.
It partially upheld a March 2025 injunction issued by US District Judge Ana Reyes, specifying that the order will only apply to active-duty plaintiffs in the case who are already serving in the military, excluding those seeking to enlist.
The ruling comes after President Donald Trump’s executive order in January 2025 directing the Pentagon to dismiss transgender service members, arguing their identity conflicted with military readiness and discipline.
Hegseth later issued a policy disqualifying warfighters diagnosed with gender dysphoria from service.
‘Desire to Harm’
Writing for the majority, Judge Robert Wilkins of the appellate court said the policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender.”
He noted that the government failed to provide evidence supporting its claims about transgender troops and highlighted that the plaintiffs had served honorably and met military standards.
In dissent, Judge Justin Walker argued courts lack authority to decide military personnel policy, writing that such decisions belong to Congress and the commander in chief.
The ruling is temporarily paused to give the Trump administration time to seek further review.
Hegseth, in response to the results, signaled the administration would appeal, posting on social media: “See you at SCOTUS.”
