A federal appeals court said Monday that key parts of the Trump administration’s transgender military policy likely violate constitutional protections for equal treatment under the law, with one judge saying the policy appears motivated by “the bare desire to harm a politically unpopular group.”
In a divided 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit blocked the Pentagon from removing current transgender service members while litigation continues. The court did allow the administration to continue limiting new transgender enlistments while the lawsuit proceeds.
Judge Robert Wilkins wrote that the policy appears driven by hostility toward transgender people instead of documented military readiness concerns. Wilkins said the government failed to provide evidence supporting claims that transgender people are unfit for military service or lack the standards expected of service members.
“The sharp contrast to the Mattis Policy … appears to be driven by the bare desire to harm a politically unpopular group,” Wilkins wrote in the opinion.
The ruling examined several portions of the Pentagon policy implemented by Defense Secretary Pete Hegseth earlier this year. The opinion noted that the policy bars many people with a past diagnosis of gender dysphoria, including some who no longer experience symptoms or were diagnosed as children.
Wilkins also questioned provisions affecting people who had previously socially transitioned, including using different pronouns or clothing.
“The government has not told us what legitimate interest it has in preventing a woman from joining (or remaining in) the military because she used he/him or they/them pronouns at some point during her lifetime,” Wilkins wrote.
The court also pointed to the records of the plaintiffs currently serving in the military. According to the opinion, the transgender service members involved in the lawsuit have collectively served more than 130 years and earned over 80 commendations. Wilkins noted that the government did not dispute that the plaintiffs had served honorably or met military standards.
The ruling partially upholds a March decision from U.S. District Judge Ana Reyes, who previously blocked enforcement of the policy and found the administration had not shown that transgender service members undermine military readiness or effectiveness.
The lawsuit was filed by transgender active-duty service members and transgender individuals seeking enlistment. Jennifer Levi of GLAD Law, which represents the plaintiffs, said the ruling confirms the administration lacks a legitimate basis for removing transgender troops from military service.
“This decisive ruling confirms that the Trump Administration has no legitimate basis to discharge transgender service members who have met every demanding standard and proven, time and again, their fitness and dedication to serve,” Levi said.
Defense Secretary Pete Hegseth signaled the administration plans to continue the legal fight. In response to news of the ruling, Hegseth posted on X: “See you at SCOTUS.”
The decision comes weeks after the U.S. Supreme Court allowed enforcement of the administration’s transgender military restrictions in a separate case while litigation continued. President Donald Trump signed an executive order in January directing the Pentagon to implement new restrictions targeting transgender military service.
The administration has also pursued broader efforts limiting transgender rights in health care, education and federal policy since Trump returned to office last year.
