Court Protects Active Transgender Troops but Upholds Recruitment Ban

​WASHINGTON — A federal appeals court on Monday issued a major, mixed ruling on the Pentagon’s reinstatement of restrictions on transgender service members, shielding current active-duty personnel from being discharged while allowing the administration to temporarily block new transgender recruits from enlisting.

​In a 2-1 decision, a panel of the US Court of Appeals for the District of Columbia Circuit balanced the immediate career survival of thousands of currently serving troops against the executive branch’s broad authority over military readiness.

​While the court allowed the administration’s restrictions on new enlistments to remain in place during the ongoing legal battle, the majority leveled sharp criticism at the policy’s underlying motivations. Circuit Judge Robert Wilkins, writing for the majority, noted that the 2025 policy appeared to be unlawfully driven “by the bare desire to harm a politically unpopular group.”

​However, the panel drew a sharp line between aspiring applicants and those already in uniform. “It appears to us to be a much greater hardship to end a military career than to delay the start of one,” Wilkins wrote, explaining the court’s decision to halt any immediate purges of active-duty personnel.

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​The Legal and Political Battle Lines

​The ruling partially upholds an injunction from a lower Washington-based federal judge, who had previously blocked the policy entirely after finding it likely constituted unlawful sex discrimination and violated constitutional equal protection guarantees.

​The legal battle stems from an executive order signed by President Donald Trump shortly after taking office in January 2025, which argued that open transgender service conflicts with military standards and discipline. Defense Secretary Pete Hegseth promptly implemented the directive, sparking a wave of lawsuits from active-duty service members and prospective recruits.

​Following Monday’s ruling, Secretary Hegseth signaled that the administration has no intention of backing down, indicating they will take the fight to the nation’s highest court. “See you at SCOTUS,” Hegseth wrote in a brief post on X.

​Advocates Claim a Partial Victory

​Advocates for LGBTQ+ service members celebrated the protection of active-duty troops while vowing to keep fighting the recruitment ban. Jennifer Levi, representing the plaintiffs on behalf of the legal organization GLAD Law, praised the court for protecting those already serving.

​“This decisive ruling confirms that the administration has no legitimate basis to discharge transgender service members who have met every demanding standard and proven, time and again, their fitness and dedication to serve,” Levi said in a statement.

​The exact number of personnel impacted remains a point of contention. Out of approximately 1.3 million active-duty US military personnel, advocacy groups estimate that roughly 15,000 are transgender. Department of Defense estimates are more conservative, placing the figure in the low thousands.

​The military restrictions are part of a coordinated, wider federal push by the administration targeting transgender rights across public sectors, including education, healthcare, and federal employment. With both sides dug in and the Pentagon eyeing a Supreme Court appeal, the definitive future of transgender Americans in the armed forces remains a critical constitutional question.