A federal appeals court ruled Monday that portions of the Trump administration’s policy restricting transgender military service are unconstitutional, though the ban on new enlistments remains in place for now.
The three-judge panel issued a 2-1 decision finding that key aspects of the policy violate constitutional protections. The court stated the restrictions appear driven by animus toward a politically unpopular group rather than legitimate military necessity.
What the Court Found
The appeals panel determined that the policy, advanced by Defense Secretary Pete Hegseth, targets applicants and service members based on gender identity. “The record shows that the purpose of the Hegseth Policy is to target applicants and servicemembers who express what the Administration believes is a ‘false gender identity,’ and the Policy goes far beyond disqualifying persons currently or recently suffering from gender dysphoria,” the decision stated.
The court noted that some disqualifications contained in the policy lacked reasonable justification or explanation. The judges concluded the restrictions were arbitrary and not supported by military readiness concerns.
Current Status
Despite the ruling against portions of the policy, the appeals court allowed Trump’s ban on enlisting new transgender service members to remain in effect while the case continues. The decision leaves the military’s recruitment restrictions intact pending further legal proceedings.
The ruling sets up potential review by higher courts as litigation over transgender military service eligibility continues. The case reflects ongoing legal battles over the scope of presidential authority regarding military personnel policies.
This story has been updated. CNN’s legal team contributed to this report.
