Appeals Court Bars Expulsions of Transgender Troops, Keeps Enlistment Ban
D.C. Circuit ruled 2-1 that Pentagon expulsions of transgender service members violate the Constitution but allowed a ban on new enlistments to remain while litigation continues.
USA TODAYPentagon can't kick transgender service members out of the military, court rules
Al JazeeraUS court upholds injunction against Trump policy banning transgender troops
CBS NewsDivided appeals court rules Trump administration's ban on transgender military service is unconstitutional
World News GroupAppeals court partially blocks military’s ban on troops who identify…
Overview
A three-judge panel of the D.C. Circuit on Monday ruled 2-1 that the Trump administration's policy to expel transgender service members violated the Constitution while allowing a ban on new enlistments.
The ruling responded to President Donald Trump's January 27, 2025 executive order and a February 2025 Pentagon memorandum by Defense Secretary Pete Hegseth that disqualified people with gender dysphoria from service.
Jennifer Levi of GLAD Law, who represents the plaintiffs, said the ruling confirms the Trump administration has no legitimate basis to discharge transgender service members, according to a statement.
The military has about 1.3 million active-duty personnel, and advocates say there may be as many as 15,000 transgender service members while officials place the number in the low thousands.
Defense Secretary Pete Hegseth signaled the Pentagon would appeal, posting 'See you at SCOTUS,' and the legal fight is expected to continue in the courts.
Analysis
Center-leaning sources frame this coverage as a legal rebuke to the Trump administration by foregrounding the appeals court's ruling and using evaluative language ("another legal setback for President Donald Trump’s sweeping agenda"). They emphasize the majority's strong phrasing, spotlight plaintiff praise, and note judge nominations, which together suggest an institutional/ideological conflict.