A divided federal appeals court has declared the Pentagon's policy barring transgender individuals from military service likely unconstitutional, citing potential violations of equal protection guarantees. The ruling, issued Monday, represents another legal hurdle for policies enacted under the Trump administration.
The appeals court panel’s majority opinion found that the ban on transgender troops was likely unconstitutional, asserting the government's stated reasons for the policy were pretextual and potentially aimed at harming a politically unpopular group.
The decision specifically impacts current service members named in the lawsuit, preventing their removal from the military. However, the court’s split nature means that new transgender recruits will still be barred from enlisting under the current restrictions. Defense Secretary Pete Hegseth subsequently issued a policy that creates a presumption of disqualification for individuals with gender dysphoria, unless a waiver is granted.
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Judge Robert Wilkins, in his written opinion, stated that the policy was premised, "at least in part, on a non-legitimate state interest to harm the politically unpopular group of transgender persons." He further noted that Trump explicitly declared transgender people "categorically unfit for military service" based on their gender identity. Judges Judith Rogers and Robert Wilkins formed the majority on this point, while Judge Justin Walker dissented regarding the ban on new recruits.
The controversy centers on 'gender dysphoria,' described as the distress a person experiences when their assigned gender at birth does not align with their gender identity. The U.S. Supreme Court had previously allowed the Pentagon to enforce its ban while legal challenges progressed.
