US appeals court upholds Pentagon ban on transgender troops

The policy does not violate the Constitution, a panel of judges has ruled

A US federal appeals court has sided with the Pentagon in a landmark ruling that reinstates the Trump administration’s ban on transgender individuals serving in the military.

In March, a judge appointed by former President Joe Biden blocked the ban, arguing that it likely violated constitutional protections.

In a 2 to 1 ruling on Tuesday, a panel of judges lifted the preliminary injunction.

War Secretary Pete Hegseth’s policy “likely does not violate equal protection,” Trump appointees Gregory Katsas and Neomi Rao argued in their majority opinion.

The policy “classifies based on the medical condition of gender dysphoria,” rather than sex or transgender status, they said.

“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks,” the judges said. “For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress.”

Read more

Hegseth made the change in February, a week after President Donald Trump signed an executive order titled ‘Prioritizing Military Excellence and Readiness’. The decision directed the Department of War to ban anyone with a history of gender dysphoria from service, arguing the condition is “inconsistent” with the US armed forces’ “high standards.”

The move was part of the Trump administration’s broader push to roll back DEI-related policies and what the president calls “radical gender ideology.”

Setting a major precedent in June, the US Supreme Court ruled that a Tennessee ban on hormone blockers for children did not violate protections under the Constitution.