Trans troops are allowed to continue to serve in the US military following a ruling on Monday, June 1. In a 2-1 split decision, the Court of Appeals for the District of Columbia Circuit said that President Donald Trump’s order from January 2025 to expel these members was unlawfully motivated “by the bare desire to harm a politically unpopular group”.

However, the Pentagon is still allowed to bar transgender people from newly enlisting in the military, pending the outcome of the lawsuit, which has been taken by current and prospective troops.

“It appears to us to be a much greater hardship to end a military career than to delay the start of one,” wrote Circuit Judge Robert Wilkins, an appointee of former President Barack Obama. Circuit Judge Robert Wilkins added that banning trans people from the force was “both arbitrary, and based on animus”.

Conversely, Trump appointee Circuit Judge Justin Walker said courts “have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks”.

Jennifer L. Levi, Senior Director of Transgender and Queer Rights at GLAD Law, which represents the plaintiffs, celebrated Monday’s ruling. She expressed that it confirms that there is “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.”

Shannon Minter, Legal Director at the National Center for LGBTQ Rights, added, “Servicemembers were preparing to be hauled before review boards and discharged—despite years of honorable service. The court today affirmed the District Court’s careful findings that this administration’s ban on transgender military service has no legitimate basis.”

 

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The decision partially upholds a preliminary injunction issued in 2025 by District Judge Ana Reyes, which stopped the discharge of trans troops. At the time, she argued that the ban is not only “soaked with animus and dripping with pretext,” but also undermines national security and is likely unconstitutional.

The Trump administration is expected to challenge the appeal ruling, with US Secretary of Defence Pete Hegseth writing on X, “See you at SCOTUS (the Supreme Court).”