A U.S. federal appeals court has ruled that the Trump administration’s policy targeting transgender military personnel is likely unconstitutional, allowing transgender service members who brought the lawsuit to remain in the armed forces while the case proceeds through the courts.
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In a 2-1 decision, the U.S. Court of Appeals for the D.C. Circuit upheld a lower court order preventing the Department of Defense from removing active-duty personnel because of gender dysphoria. However, the ruling does not stop the Pentagon from restricting transgender individuals from joining the military.
Judge Robert Wilkins, writing for the majority, said the policy introduced under Defense Secretary Pete Hegseth appeared arbitrary and motivated by hostility toward a politically unpopular group.
“At this preliminary stage,” Wilkins wrote, “the Hegseth Policy is both arbitrary and based upon animus,” concluding that it likely violates constitutional guarantees of equal protection.
Court Draws Distinction Between Recruits and Serving Personnel
The appeals court emphasized that active-duty personnel face more immediate and significant harm than prospective recruits.
According to the ruling, individuals seeking to join the military could pursue legal remedies later if the policy is ultimately struck down. By contrast, service members facing discharge could suffer irreparable damage to their military careers.
Wilkins noted that even if dismissed personnel were eventually reinstated, ending a military career would impose a far greater hardship than delaying the start of one.
As a result, the court allowed protections for the plaintiffs currently serving while leaving recruitment restrictions in place during the ongoing litigation.
LGBTQ Advocacy Groups Welcome Decision
Attorneys representing the transgender service members described the ruling as a major victory.
GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi said the decision confirmed there was no legitimate basis for discharging transgender personnel who had met military standards and demonstrated their ability to serve.
National Center for LGBTQ Rights Legal Director Shannon Minter called the ruling a “dramatic shift in the status quo,” noting that some service members had been preparing to face review boards and possible discharge despite years of service.
Dissent Warns Against Judicial Intervention
Judge Justin Walker, the lone dissenter on the panel, argued that courts should defer to military and political leaders on decisions regarding military personnel.
Walker acknowledged the rights at issue but said service members do not enjoy all the same protections as civilians. He argued that judges lack the expertise and constitutional authority to determine who may serve in the armed forces.
“The Constitution assigns that authority to Congress and the Commander in Chief,” he wrote.
The Department of Defense did not immediately comment on the ruling.
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Adapted by ASEAN Now. Source 2 June 2026
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