A federal appeals court has temporarily blocked the Pentagon from removing transgender service members from the U.S. military, delivering a significant setback to the Trump administration’s effort to enforce a sweeping ban on transgender personnel.
In a split 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit ruled that active-duty transgender troops cannot be discharged while the legal challenge against the policy moves through the courts. However, the judges allowed the administration to continue barring transgender individuals from newly enlisting in the military for the time being.
The majority concluded that the policy appeared to be driven by an improper desire to target a politically unpopular group, describing the measure as unlawfully motivated. At the same time, the court acknowledged that military leaders traditionally possess broad authority to determine standards for recruitment and enlistment.
Writing for the majority, Judge Robert Wilkins emphasized the difference between ending an existing military career and postponing the start of one. The court found that the harm faced by current service members who could lose their positions outweighed the impact on individuals seeking to join the armed forces.
Judge Justin Walker dissented, arguing that courts lack both the expertise and the constitutional authority to second-guess military judgments about who may serve.
The ruling was welcomed by attorneys representing transgender troops and prospective recruits. They argued that the decision recognizes the service and qualifications of transgender personnel who have already met the military’s demanding requirements and have served successfully.
Defense Secretary Pete Hegseth quickly signaled that the administration intends to continue the fight, suggesting an appeal to the U.S. Supreme Court.
Monday’s decision partially preserves an earlier ruling from a federal judge in Washington, D.C., who had halted the entire policy while litigation proceeds. That judge found that the measure likely amounted to sex discrimination and may violate constitutional protections guaranteeing equal treatment under the law.
The dispute traces back to an executive order signed by President Donald Trump in January 2025. The order argued that adopting a transgender identity was inconsistent with the standards expected of military personnel. The Pentagon later implemented the directive, triggering a series of legal challenges from transgender troops and advocacy organizations.
The military policy forms part of a broader administration campaign affecting transgender rights across multiple areas of public life. Federal agencies have scaled back legal actions involving transgender workers, reversed certain agreements benefiting transgender students, and scrutinized medical providers offering gender-affirming care to minors.
According to Defense Department figures, the U.S. military has roughly 1.3 million active-duty personnel. Estimates of the number of transgender service members vary widely, with advocacy groups placing the figure in the tens of thousands while government officials have suggested a significantly lower total.
The legal battle remains far from settled. Last year, the U.S. Supreme Court allowed the Pentagon policy to take effect in a separate case originating in Washington state. However, the high court did not explain its reasoning, leaving unresolved questions about the policy’s ultimate legality.
For now, transgender troops already in uniform will remain protected from removal, while the courts continue to weigh one of the most consequential disputes over military service and transgender rights in recent years.
