Pentagon policy illegally banned transgender troops from military service, appeals court panel rules

WASHINGTON (AP) — A Trump administration policy illegally banned transgender troops from military service, a divided panel of federal appeal court judges ruled on Monday.

The majority opinion by a three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that President Donald Trump’s executive order to exclude transgender troops from military service likely violates their constitutional rights.

The administration appealed after Reyes issued a preliminary injunction requested by attorneys for six transgender people who are active-duty service members and two others seeking to join the military. The appeal court’s majority decided that the injunction should be narrowed to the plaintiffs currently serving in the military but not those seeking to join.

In January 2025, Trump signed an executive order that claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life” and is harmful to military readiness.

In response to the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service. Gender dysphoria is the distress that a person feels because their assigned gender and gender identity don’t match. The medical condition has been linked to depression and suicidal thoughts.

The policy “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender,” Judge Robert Wilkins wrote for the majority. Wilkins was nominated to the bench by Democratic President Barack Obama.