Donald Trump is knocking on the doors of the U.S. Supreme Court again—this time to revive one of the most divisive policies of his presidency: a ban on transgender individuals serving in the military. His administration has asked the justices to step in and override a federal judge’s order that’s currently keeping the ban from taking effect.
The request zeroes in on an injunction issued by a federal judge in Seattle, who ruled that Trump’s executive order likely violates the Fifth Amendment’s guarantee of equal protection. But Trump’s camp insists the judiciary has overstepped, claiming that decisions about who can wear the uniform should be left to the commander-in-chief and the Pentagon.
At the heart of the case are seven active-duty transgender service members, a transgender man trying to enlist, and a civil rights group fighting the policy. They argue the administration is trying to bring back institutional discrimination before the courts can weigh in. Lambda Legal, one of the organizations backing the lawsuit, didn’t hold back: “Transgender troops have served honorably for years. This is pure politics, not policy.”
Trump’s executive order, signed in January, doesn’t mince words. It portrays transgender identity as “a falsehood” incompatible with military life. “A man’s assertion that he is a woman… is not consistent with the humility and selflessness required of a service member,” the order reads.
This move dismantles the policy set under the previous administration, which allowed transgender troops to serve openly. In its place, the Pentagon rolled out guidance that disqualifies anyone with gender dysphoria or those who have transitioned—unless they’re granted a special waiver for their value in combat.
The Justice Department claims this isn’t about discrimination but military readiness. Their filing compares gender dysphoria to conditions like asthma or high blood pressure, arguing it affects “effectiveness and lethality.”
Notably, the Supreme Court already dipped its toe into this issue back in 2019, siding with the administration on a narrower version of the ban that allowed some transgender service members to remain. But this latest iteration goes much further—and it’s drawn a wave of legal pushback.
The judge who blocked the current ban called it “unsupported” and “facially unfair,” pointing out that there’s no solid evidence showing transgender troops have harmed military operations in any way. Meanwhile, a second federal judge in D.C. has also put the brakes on the ban, although that ruling is on temporary hold pending appeal.
All of this comes amid a broader campaign by Trump to roll back transgender rights nationwide. From defunding transition-related healthcare for youth to narrowing the legal definition of sex, his orders have sparked battles in courts and legislatures alike.
The high court is already gearing up to rule on another hot-button issue involving transgender rights—a challenge to Tennessee’s ban on gender-affirming care for minors. That decision is expected by summer. In the meantime, Trump is hoping the justices will clear the way for his military ban to go back into effect, even before the courts have finished debating whether it’s constitutional.
