by Emmitt Barry, Worthy News Washington D.C. Bureau Chief
(Worthy News) – A divided federal appeals court ruled Monday that the Trump administration’s policy restricting transgender military service is likely unconstitutional, delivering a legal setback to the Pentagon while leaving parts of the policy in place.
In a 2-1 decision, the U.S. Court of Appeals for the District of Columbia Circuit largely upheld a prior ruling by U.S. District Judge Ana Reyes, who found that the policy likely violated the constitutional rights of transgender service members.
Judge Robert Wilkins, writing for the majority, said the policy appeared to be driven by “the bare desire to harm” a politically unpopular group. The ruling blocks the Defense Department from removing the current service members who brought the lawsuit because of gender dysphoria.
However, the appeals court narrowed the lower court’s order. The decision does not prevent the Pentagon from barring transgender individuals from newly joining the military while litigation continues.
Judge Justin Walker dissented, arguing that decisions over military eligibility belong to Congress and the president, not the courts.
The policy traces back to a January 2025 executive order signed by President Donald Trump, which argued that transgender service was incompatible with military readiness and unit cohesion. Defense Secretary Pete Hegseth moved to implement the order through Pentagon directives that paused certain medical care, halted some promotions, and began removal proceedings for affected troops.
The Supreme Court previously allowed the policy to take effect while legal challenges continued. Monday’s ruling will not take immediate effect, giving the administration time to seek further review, potentially before the Supreme Court.
Copyright 1999-2026 Worthy News. This article was originally published on Worthy News and was reproduced with permission.
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