A federal appeals court has upheld the right of transgender service members already in uniform to remain in the military, while simultaneously allowing the Pentagon to prevent transgender people from enlisting going forward. The split decision handed down Monday by a three-judge panel of the US Court of Appeals for the District of Columbia Circuit represents a mixed outcome that both sides are likely to contest.
The ruling directly challenges Defense Secretary Pete Hegseth's implementation of President Trump's January 2025 order to remove transgender troops from service. Circuit Judge Robert Wilkins, writing for the majority, declared the ban on serving troops "both arbitrary, and based on animus."
Wilkins pointed out that the government offered no factual justification for characterizing transgender service members as incompatible with military life. Trump's original executive order had claimed that transgender identity "conflicts with a soldier's commitment to an honorable, truthful, and disciplined lifestyle" and posed a threat to military readiness. Following that directive, Hegseth issued a policy that would presumptively disqualify people with gender dysphoria from service.
The court's decision narrowed the scope of an earlier injunction issued by District Judge Ana Reyes in March 2025 that had blocked the dismissal of six active-duty transgender plaintiffs. The appeals panel preserved protections for the estimated 1,000 openly transgender military members currently serving but rejected extending those same safeguards to prospective recruits.
"The government has not attempted to defend or provide any factual basis for these disparaging characterizations of American citizens," Wilkins wrote. He characterized the policy as "driven by the bare desire to harm a politically unpopular group: persons who identify as transgender."
One of the three judges dissented sharply. Circuit Judge Justin Walker, a Trump appointee, argued that federal courts lacked the expertise to make military personnel decisions. Walker contended that only the executive and legislative branches possessed the authority to determine the composition of the armed forces, a principle he said the Supreme Court had never challenged.
The ruling has been stayed pending further court action, giving the administration time to petition the full appeals court for reconsideration. Legal observers expect the case to eventually reach the Supreme Court, where the justices will face a directly conflicting view of judicial authority over military personnel matters.
The White House and Pentagon did not immediately comment on the decision.
Author James Rodriguez: "The court split leaves an awkward middle ground that satisfies neither the administration nor advocacy groups, but it clearly signals that sweeping purges of active service members face real legal jeopardy."
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