Pentagon policy illegally banned transgender troops from military, appeals court rules
FILE - U.S. Army soldiers cross a floating bridge on the Imjin River during a joint river-crossing exercise between South Korea and the United States as a part of the Freedom Shield military exercise in Yeoncheon, South Korea, March 20, 2025. Ahn Young-joon/AP hide caption WASHI
FILE - U.S. Army soldiers cross a floating bridge on the Imjin River during a joint river-crossing exercise between South Korea and the United States as a part of the Freedom Shield military exercise in Yeoncheon, South Korea, March 20, 2025. Ahn Young-joon/AP hide caption
WASHINGTON — A Pentagon policy illegally banned transgender troops from military service, a divided panel of federal appeal court judges ruled on Monday in another legal setback for President Donald Trump's sweeping agenda.
The majority opinion — by a three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit — held that the Trump administration's policy was designed to exclude people from the military based on their gender identity.
The ban remains in effect. The U.S. Supreme Court allowed the Pentagon to start enforcing it last year, as litigation continues to plays out.
The panel's new ruling would keep the military from kicking out current service members named in the lawsuit, but wouldn't allow new transgender recruits to join. The judges put their decision on hold, though, to let the administration seek further review.
The appeals court panel's 2-1 decision partially upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that 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 several transgender people who are active-duty service members and others seeking to join the military. The appeals court's majority decided that the injunction should be narrowed to the plaintiffs currently serving in the military but not those trying to enlist.
Another lawsuit challenging the ban was filed in Washington state and led to a ruling in favor of the plaintiffs challenging the policy in that case, though it's been blocked by the Supreme Court.
