Appeals Court Upholds Hegseth Policy, Allows Transgender Military Ban to Stand

A federal appeals panel for the U.S. Court of Appeals for the D.C. Circuit ruled 2-1 on Tuesday that the U.S. military may exclude transgender people from service, backing Secretary Pete Hegseth and the Trump administration’s policy. The decision lifted a lower-court injunction issued in March and follows a May Supreme Court order that allowed the ban to remain in effect while litigation continues.

Court Rationale and Record

Judges Gregory G. Katsas and Neomi Rao wrote that Hegseth’s policy is "likely constitutional" because it reflects a considered judgment by military leaders and advances legitimate military objectives. The majority emphasized long-standing legal precedent requiring judicial deference to military decision-making on personnel and readiness matters.

The opinion notes that the administration relied on the military’s prior medical standards, which at various times restricted service by people diagnosed with gender dysphoria. According to the court, those standards were partially relaxed in 2016, reinstated in 2018, partially relaxed again in 2021, and revived in 2025.

Arguments Cited

The appeals opinion recounts Hegseth’s rationale that excluding service members with gender dysphoria would protect combat readiness, unit cohesion, and cost control. The judges said the decision drew on materials related to earlier policy changes and existing studies on transgender service members.

“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks,” the court wrote, noting the decades-long history of fitness requirements that at times restricted service by those with gender dysphoria.

Dissent And Next Steps

U.S. District Judge Ana Reyes had issued the injunction in March and sharply criticized the administration’s order, writing it was "soaked in animus and dripping with pretext," demeaned transgender people, and relied on conclusions that bore "no relation to fact." The appeals majority rejected that characterization, finding the district court afforded insufficient deference to military judgment.

The ruling keeps the ban in place while legal challenges proceed. The broader legal battle over transgender people serving in the military is expected to continue in lower and higher courts.

Context

The appeals decision followed a January executive order from President Donald Trump that said, in part, "A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member." That language figured prominently in the district court's critique and in public debate over the policy.