A divided panel of the U.S. Court of Appeals for the D.C. Circuit ruled on June 1, 2026, that the Trump administration's policy banning transgender individuals from military service is likely unconstitutional. The court's decision was split 2-1, with Judges Judith Rogers and Robert Wilkins stating that the ban, implemented by Secretary of Defense Pete Hegseth, likely violates the Constitution's equal protection clause. They upheld a preliminary injunction preventing the Defense Department from removing active-duty transgender troops.
Judge Wilkins noted that the rationale behind the Hegseth Policy, which cited gender dysphoria as a reason for the ban, was pretextual and motivated by animus towards transgender individuals. The judges highlighted that the policy does not apply reasonable classifications for military service eligibility, disqualifying anyone diagnosed with gender dysphoria regardless of their current status.
Judge Justin Walker, who dissented, allowed the administration to enforce restrictions on transgender individuals seeking to join the military. The case was brought by over a dozen active-duty transgender service members and individuals seeking enlistment, arguing that the policy unlawfully discriminated against them. The D.C. Circuit's ruling follows a previous decision by U.S. District Judge Ana Reyes, who blocked the enforcement of the policy, stating it was driven by unconstitutional animus. The Trump administration had appealed this decision, seeking to enforce the ban while litigation continued.
