A federal appeals court has ruled that the Trump administration cannot remove current transgender service members from the military while a legal challenge to the policy continues.
In a 2-1 decision issued Monday, the U.S. Court of Appeals for the District of Columbia Circuit upheld a lower court order preventing the Department of Defense from discharging active-duty troops based on gender dysphoria.
Court Questions Constitutionality of Policy
The majority opinion found that the administration’s policy is likely unconstitutional and may violate equal protection rights.
Judge Robert Wilkins wrote that the policy appears arbitrary and motivated by animus toward a politically unpopular group, concluding that the plaintiffs are likely to succeed in their constitutional challenge.
The ruling applies only to the service members involved in the lawsuit and does not prevent the military from restricting transgender individuals from joining the armed forces.
Active Troops Receive Temporary Protection
The court said current service members face greater harm because they risk losing established military careers if discharged before the case is resolved.
Judges noted that prospective recruits can seek legal remedies later, while active-duty personnel could suffer immediate and lasting consequences from separation.
Dissent Argues Courts Should Defer to Military
Judge Justin Walker dissented, arguing that decisions about military personnel policies should be left to Congress and the commander in chief rather than the courts.
Walker wrote that judges lack the authority and expertise to determine who may serve in the military.
The case stems from President Donald Trump’s executive order directing Defense Secretary Pete Hegseth to revise Pentagon policies regarding transgender military service. The broader legal challenge is expected to continue in federal court.
For more on this story, stay tuned to Que Onda Magazine.