The D.C. Circuit Court of Appeals ruled on Tuesday to uphold the Trump administration’s ban on transgender individuals serving in the military.
The divided three-judge panel determined that the administration’s policy is likely constitutional and said the White House can continue enforcing it while the issue continues being litigated in court.
From Mediaite:
The 2-1 ruling, made in the U.S. Court of Appeals for the D.C. Circuit, upheld Hegseth and President Donald Trump’s push to bar trans men and women from the military, after a lower court placed an injunction on it in March; the Supreme Court then ruled the ban could continue in May, as it was being debated in court.
Judges Gregory G. Katsas and Neomi Rao on Tuesday ruled Hegseth and Trump’s decision was “likely constitutional because it reflects a considered judgment of military leaders and furthers legitimate military interests.”
The judges wrote that Hegseth’s argument — that service members with gender dysphoria are unfit for the military — was supported by previous military standards. Those standards have been changed a handful of times in recent years, they noted, as the commander-in-chief has switched from being a Democrat to a Republican.
“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks,” the judges wrote. “For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress. This bar was partially relaxed in 2016, revived in 2018, partially relaxed again in 2021, and revived again in 2025.”
🚨JUST IN🚨
— Breanna Morello (@BreannaMorello) December 9, 2025
The U.S. Court of Appeals for the D.C. Circuit panel has ruled IN FAVOR of Secretary Pete Hegseth in the dispute over the transgender military ban.
This 2-1 ruling holds that District Judge Ana Reyes' effort to halt its enforcement failed to grant the secretary… pic.twitter.com/OiWI8yPjOk
Shortly after taking office, President Donald Trump signed an executive order reversing a Biden-era policy allowing trans-identified people to serve openly in the military as long as they met the same standards as other service members. The order directed the Pentagon to treat transgender identity as incompatible with “military readiness and cohesion.”
The order affected thousands of active-duty service members who are uncertain whether they would lose their positions.
Civil rights groups and trans-identified service members filed several lawsuits against the policy, arguing that it violated the Fifth Amendment because it threatened equal protection under the law by targeting a specific group of people.
Several lower courts issued national injunctions on the policy, arguing that the administration had not demonstrated that trans-identified people threaten readiness or unit cohesion.
The White House appealed these rulings. In May, the Supreme Court allowed the ban to proceed while the matter was litigated.
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