US court upholds injunction against Trump policy banning transgender troops | Donald Trump News

A U.S. appeals court has ruled that President Donald Trump’s policy of kicking transgender troops out of the military violated the Constitution.

But Monday’s ruling was split by all three judges on the U.S. Court of Appeals for the District of Columbia.

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A judge, Robert Wilkins, appointed by former Democratic President Barack Obama, upheld a lower court ruling rejecting the Trump administration’s policy regarding already enlisted service members.

A second justice – Judith Rogers, chosen by former Democratic President Bill Clinton – agreed with his opinion, but only in part. She felt this should also extend to those looking to enlist.

And the third justice, Justin Walker, chosen by Trump, issued a dissenting opinion questioning the court’s ability to question U.S. military policy.

Writing on behalf of a divided majority, Wilkins wrote that Trump’s policies violate the “constitutional right to equal protection of the law.”

Origins of Trump’s politics

The case involved one of the first actions Trump took during his second term. On January 27, 2025, a week after his second inauguration, Trump issued an executive order titled “Prioritizing Military Excellence and Readiness.”

In it, he denounced the American armed forces as being infiltrated by a “radical gender ideology”. He went on to describe transgender people as unfit for service because they adopted a “false ‘gender identity’.”

“A man’s assertion that he is a woman, and his demand that others honor that lie, is inconsistent with the humility and selflessness required of a service member,” Trump wrote.

The executive order became the basis for a 13-page Pentagon memorandum, issued in February 2025 at the direction of Defense Secretary Pete Hegseth.

He said any service member with “symptoms” of gender dysphoria, or who had used hormone treatment or surgery to affirm their gender, would be “disqualified from military service.”

In Monday’s ruling, Wilkins called the policy blatantly discriminatory. This policy, he writes, “appears to be motivated by the simple desire to harm a politically unpopular group: people who identify as transgender.”

“To add insult to injury, the president called transgender people dishonorable, undisciplined, arrogant and selfish liars,” Wilkins added, pointing to the executive order.

He noted that the transgender plaintiffs in the case had 130 years of military service and received more than 80 awards for their work.

Faced with such evidence, Wilkins said the Trump administration had “given up any argument” that “retaining these military personnel would harm national security.”

A split in the court of appeal

But Wilkins stopped short of fully upholding a lower court’s ruling against the policy.

Previously, Judge Ana Reyes issued a temporary injunction against Trump’s executive order, finding that discrimination against transgender troops was unconstitutional.

Wilkins agreed with Reyes that the Trump administration could not fire those already employed by the military. But, he added, the harm was less for those seeking to enlist.

Monday’s ruling therefore strikes down the portion of Reyes’ injunction that would have barred the Trump administration from barring transgender people from the enlistment process.

Rogers, the Clinton appointee, disagreed with this distinction. She cited testimony that excluding transgender recruits from the military would deprive “our force of qualified personnel who have proven their ability to serve.”

Meanwhile, Trump appointee Walker’s dissent hinged on his argument that the court violated the separation of powers in the U.S. government.

The courts, he argued, should not be able to rule on the composition of the military.

“We do not have the expertise or authority to decide whether the military can exclude plaintiffs from its ranks,” Walker wrote. “The Constitution vests this authority in Congress and the Commander in Chief.”

Reaction to the decision

This split decision is unlikely to have an immediate effect on US military policy.

The appeals court stayed Reyes’ preliminary injunction as the legal battle continues, and last year the U.S. Supreme Court also stayed an injunction against Trump’s anti-transgender policies, in United States v. Shilling.

In a short, four-word message on social media, Hegseth said the Pentagon would appeal Monday’s decision.

“See you at SCOTUS,” he wrote, using the acronym for Supreme Court of the United States.

But Democrats and LGBTQ+ advocates hailed the move as a victory against bias and discrimination within the Trump administration.

“No qualified person answering the call to serve should be denied this opportunity because of who they are,” U.S. Rep. John Larson of Connecticut wrote in a statement.

“Trump’s transgender military ban is discrimination, plain and simple. We will continue to fight these attacks on our troops and all transgender Americans.”

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