The D.C. Circuit Court of Appeals ruled on Tuesday to uphold the Trump administration’s ban on transgender individuals serving in the military.
The divided three-judge panel determined that the administration’s policy is likely constitutional and said the White House can continue enforcing it while the issue continues being litigated in court:
The 2-1 ruling, made in the U.S. Court of Appeals for the D.C. Circuit, upheld Hegseth and President Donald Trump’s push to bar trans men and women from the military, after a lower court placed an injunction on it in March; the Supreme Court then ruled the ban could continue in May, as it was being debated in court.
Judges Gregory G. Katsas and Neomi Rao on Tuesday ruled Hegseth and Trump’s decision was “likely constitutional because it reflects a considered judgment of military leaders and furthers legitimate military interests.”
The judges wrote that Hegseth’s argument — that service members with gender dysphoria are unfit for the military — was supported by previous military standards. Those standards have been changed a handful of times in recent years, they noted, as the commander-in-chief has switched from being a Democrat to a Republican.
“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks,” the judges wrote. “For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress. This bar was partially relaxed in 2016, revived in 2018, partially relaxed again in 2021, and revived again in 2025.”
?JUST IN?
The U.S. Court of Appeals for the D.C. Circuit panel has ruled IN FAVOR of Secretary Pete Hegseth in the dispute over the transgender military ban.
This 2-1 ruling holds that District Judge Ana Reyes' effort to halt its enforcement failed to grant the secretary… pic.twitter.com/OiWI8yPjOk
— Breanna Morello (@BreannaMorello) December 9, 2025
Soon after assuming office, President Donald Trump enacted an executive order that overturned a policy from the Biden administration, which permitted transgender individuals to serve openly in the military, provided they met the same requirements as other troops. The order instructed the Pentagon to view transgender identity as incompatible with “military readiness and cohesion.”
This policy had an impact on thousands of active-duty military personnel who were left wondering if they would be at risk of losing their jobs.
Civil rights organizations, along with transgender service members, initiated multiple lawsuits against the policy, contending that it violated the Fifth Amendment by undermining equal protection under the law, as it targeted a particular group of individuals.
Several lower courts granted national injunctions against the policy, determining that the administration had not proven that transgender individuals posed a threat to readiness or unit cohesion.
The White House sought to challenge these court decisions. In May, the Supreme Court permitted the enforcement of the ban while the legal proceedings continued.
