D.C. Appeals Court Rules Pentagon Policy on Transgender Troops Illegal
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit says the Trump administration may not continue to enforce a Defense Department policy that barred transgender troops from serving in the military. The panel ruled 2-1 that the policy illegally excluded service members based on gender identity.
D.C. Appeals Court Rules Pentagon Policy on Transgender Troops Illegal
Writing for the majority, Judge Robert Wilkins stated that the Department of Defense restrictions appeared to be driven by a bare desire to harm a politically unpopular group. Judge Judith Rogers joined the majority opinion.
The appellate ruling partially upheld a March 2025 preliminary injunction by U.S. District Judge Ana Reyes, who says the policy likely violated the constitutional rights of transgender troops.
But in this case, the D.C. Circuit narrowed the scope of that injunction. The revised ruling protects active-duty transgender personnel currently in the military from being separated. It does not extend protections to individuals seeking to enlist.
Are Trans Troops Able to Openly Serve Now?
The ruling will not take effect immediately. The appellate panel placed its decision on hold temporarily to allow the administration time to seek further legal review, a common option in some legal cases. Defense Secretary Pete Hegseth indicated that the administration intends to appeal.
The “trans ban” remains active due to a prior U.S. Supreme Court stay that permitted enforcement while litigation proceeds.
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A Brief History of the Controversy
- In June 2016, the Obama administration permitted transgender individuals to serve openly in the military and established medical standards for transition-related care. It was determined that fitness for service should be evaluated on individual capability rather than gender identity.
- In July 2017, President Donald Trump announced via social media a reversal of the Obama-era policy. The administration claims “medical expenses” and “disruption” as the primary excuses to exclude transgender troops from serving their country. This announcement led to the issuance of a formal presidential memorandum in August 2017, directing the military to stop admitting transgender recruits.
- The 2017 memorandum resulted in legal challenges from advocacy groups representing transgender service members. Federal district courts in California, Washington, D.C., Maryland, and Washington state issued preliminary injunctions blocking the enforcement of the ban. In response, Defense Secretary Jim Mattis formed a panel of military experts to review the policy.
- In February 2018, Defense Secretary Mattis released a revised policy memorandum. This implementation plan, often referred to as the Mattis Plan, singled out troops with a diagnosis or history of gender dysphoria. It required all service members to serve in their so-called “biological sex” unless they had been grandfathered under the 2016 policy. The plan disqualified individuals who required medical transition procedures from enlisting or continuing service.
- In January 2019, the U.S. Supreme Court ordered a nationwide stay of lower court injunctions, allowing the Department of Defense to implement anti-trans restrictions while the substantive legal challenges were argued in the appellate courts.
- In January 2021, President Joe Biden signed an executive order revoking Trump administration restrictions on trans troops, recognizing that an inclusive military strengthens national security. Following this directive, Defense Secretary Lloyd Austin issued updated regulations in April 2021, restoring 2016 standards allowing transgender people to enlist and serve in their self-identified gender.
The current litigation began after an executive order in January 2025, which attempts to claim that the service of transgender personnel conflicts with military discipline. It was the start of the current policy, which presumptively disqualifies individuals with gender dysphoria. Attorneys representing active-duty transgender service members filed the lawsuit that led to the March 2025 injunction and the subsequent June 2026 appellate ruling.
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About the author
Editor-in-Chief Joe Wallace is a 13-year veteran of the United States Air Force and a former reporter/editor for Air Force Television News and the Pentagon Channel. His freelance work includes contract work for Motorola, VALoans.com, and Credit Karma. He is co-founder of Dim Art House in Springfield, Illinois, and spends his non-writing time as an abstract painter, independent publisher, and occasional filmmaker.
