Pentagon policy illegally banned transgender troops from military
service, appeals court panel rules
[June 02, 2026]
By MICHAEL KUNZELMAN and LINDSAY WHITEHURST
WASHINGTON (AP) — 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.
In January 2025, Trump signed an executive order that claims the sexual
identity of transgender service members “conflicts with a soldier’s
commitment to an honorable, truthful, and disciplined lifestyle, even in
one’s personal life” and is harmful to military readiness.
In response to the order, Defense Secretary Pete Hegseth issued a policy
that presumptively disqualifies people with gender dysphoria from
military service. Gender dysphoria is the distress that a person feels
because their assigned gender and gender identity don’t match. The
medical condition has been linked to depression and suicidal thoughts.
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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. (AP Photo/Ahn Young-joon,
File)
The policy “appears to be driven by the bare desire to harm a
politically unpopular group: persons who identify as transgender,”
Judge Robert Wilkins wrote for the majority. Wilkins was nominated
to the court by Democratic President Barack Obama.
Jennifer Levi, senior director of transgender and queer rights at
GLAD Law, applauded the ruling.
“Today’s decision is a powerful vindication of the plaintiffs’
extraordinary courage and unwavering commitment to their country,”
Levi said.
The Pentagon did not immediately respond to a request for comment.
Defense Secretary Pete Hegseth indicated that an appeal was
forthcoming in a social media post that used an abbreviation for the
Supreme Court: “See you at SCOTUS.”
In a dissenting opinion, Judge Justin Walker said judges lack the
power to second-guess the decision to exclude transgender troops.
“We have neither the expertise nor the authority to decide whether
the military can exclude the plaintiffs from its ranks. The
Constitution assigns that authority to Congress and the Commander in
Chief,” wrote Walker, who was nominated by Trump, a Republican.
Judge Judith Rogers, who was nominated by Democratic President Bill
Clinton, joined Wilkins' majority opinion but also partially
dissented. Rogers wrote that she would also have allowed new
transgender recruits named in the lawsuit to join.
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Associated Press writer Konstantin Toropin contributed to this
report.
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