A federal appeals court ruled that portions of the Trump administration’s policy prohibiting transgender individuals from military service are unconstitutional, though the ban on new recruits remains in place for now.
The three-judge panel issued a 2-1 decision Monday finding that the policy violates constitutional protections and appears motivated by hostility toward a politically disfavored group. The ruling specifically examined the administration’s restrictions on current service members and applicants with gender identity histories.
Court’s Constitutional Concerns
The appeals court stated the policy “appears to be driven by the bare desire to harm a politically unpopular group.” The judges found the military’s justifications arbitrary and lacking reasonable explanation for several provisions.
“The record shows that the purpose of the 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. “Some of those disqualifications are completely unexplained and have no reasonable justification.”
What Remains in Effect
The court upheld the administration’s prohibition on enlisting new transgender troops while legal challenges continue. The panel’s split decision indicates ongoing disagreement among judges about the policy’s legality.
The case will likely face further appeals as both sides contest the ruling’s scope and implications for military service eligibility standards.
This story has been updated. CNN’s legal and policy teams contributed to this report.
