Federal Court Lets Pentagon Reinstate Transgender Troop Ban
A federal appeals court on Tuesday allowed the Pentagon to enforce its ban on transgender service members, dissolving a lower court’s injunction and reinstating restrictions under Defense Secretary Pete Hegseth while litigation continues.
In a 2-1 ruling, Judges Gregory Katsas and Neomi Rao, both appointed by former President Donald Trump, wrote that the policy “likely does not violate equal protection” and that the lower court failed to give sufficient deference to military leaders. “Even if the Hegseth Policy contained a classification triggering some form of heightened scrutiny, decades of precedent establish that the judiciary must tread carefully when asked to second-guess considered military judgments of the political branches,” the judges wrote. “Moreover, the Supreme Court already has held that the government is likely to succeed on its contention that the Hegseth Policy does not violate the equal protection clause of the Constitution.
The policy, stemming from a 2025 executive order, bars individuals diagnosed with gender dysphoria from enlisting and suspends taxpayer-funded access to gender surgery and accompanying hormone practices for current service members. Government attorneys defended the policy by citing past military rules emphasizing a “lethal, ready force” and studies suggesting that transgender service members may face higher rates of psychiatric diagnoses and non-deployability.
The dissent, written by Judge Cornelia Pillard, a Biden appointee, sharply criticized the ruling, accusing the policy of “denigration and vitriol.” Pillard wrote that “the majority’s decision makes it all but inevitable that thousands of qualified servicemembers will lose careers they have built over decades, drawn up short by a policy that would repay their commitment and service to our nation with detriment and derision.” She added that “the majority grants this stay in the face of all evidence to the contrary” and argued the policy reflects “blatant animus” rather than any legitimate military necessity.
District Court Judge Ana Reyes, who issued the original injunction, was previously an LGBT activist appointed by Joe Biden and had blocked the ban in March. With the stay lifted, the case is headed back to the lower courts, with legal experts predicting the ban will again be held constitutional.
Young people identifying as trans has dropped by 50 percent in the last two years.
–Dwight Widaman
