A US appeals court has ruled that the administration of President Donald Trump may temporarily continue its policy barring transgender individuals from enlisting in the military, while also blocking the removal of those already serving as legal proceedings continue.
In a 2–1 decision on Monday, the US Court of Appeals for the District of Columbia Circuit held that the 2025 policy appeared to be unlawfully motivated “by the bare desire to harm a politically unpopular group,” according to the majority opinion.
However, the court ruled that the Pentagon retains broad authority to set enlistment standards and may continue restricting new transgender recruits pending the outcome of an ongoing lawsuit filed by transgender service members and applicants.
Circuit Judge Robert Wilkins noted in his opinion that ending a military career would pose a greater hardship than delaying the start of one.
“It appears to us to be a much greater hardship to end a military career than to delay the start of one,” he wrote.
In dissent, Circuit Judge Justin Walker argued that courts lack the authority and expertise to determine whether the military can exclude transgender individuals from service.
Welcoming the ruling, Jennifer Levi of LGBTQ rights group GLAD Law, which represents the plaintiffs, said the decision affirms protections for transgender service members who have met military standards and demonstrated their fitness to serve.
“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,” she said.
US Defense Secretary Pete Hegseth indicated the administration would appeal the decision to the Supreme Court, writing on social media: “See you at SCOTUS.”
The ruling partially upholds a lower court decision that had blocked full implementation of the policy, with earlier findings suggesting it could amount to sex discrimination and violate constitutional equal protection guarantees.
The policy stems from a January 2025 executive order issued by Trump, which argued that transgender identity is incompatible with military discipline and readiness. It was later implemented by the Pentagon, triggering multiple legal challenges.
According to Department of Defense figures, the US military has about 1.3 million active-duty personnel, while estimates of transgender service members range from several thousand to about 15,000 depending on the source.