Trump's "Transgender Must Leave the Military" Policy Halted by Court as Discriminatory
Current Service Members Protected, but Ban on New Enlistments Remains
Administration: "See You at the Supreme Court"—Immediate Appeal Planned
The US federal appeals court has effectively ruled that the transgender military service restrictions pushed by US President Donald Trump are discriminatory measures. However, this ruling is unlikely to bring about an immediate change in policy, with the final decision expected to be made by the Supreme Court.
According to AP and Al Jazeera on June 2 (local time), the US Court of Appeals for the District of Columbia found that parts of the Trump administration's policy violated the constitutional principle of equal protection in a lawsuit filed by transgender service members.
President Trump, shortly after the launch of his second term in January last year, signed an executive order limiting transgender military service, claiming that "the military is being influenced by radical gender ideology." Following this, Secretary of Defense Pete Hegseth issued guidance classifying service members whose gender identity differs from their sex assigned at birth or who have received gender transition-related treatments as ineligible to serve.
The U.S. Court of Appeals ruled that the policy restricting transgender military service, pushed by U.S. President Donald Trump, is a discriminatory measure. Screenshot from the U.S. Department of Defense website
View original imageJudge Robert Wilkins, who wrote the majority opinion for the appeals court, noted that the policy appears to be discrimination targeting a specific group. He stated, "There seems to be an intent to harm a politically unpopular group, transgender people," determining that the policy violated the equal protection principle guaranteed by the Constitution. The panel also noted that some of the transgender service members involved in the lawsuit have served for decades and received numerous awards.
As a result of this ruling, current transgender service members who participated as plaintiffs in the lawsuit are now protected from forced discharge. However, a different conclusion was reached regarding new applicants wishing to enlist. The appeals court did not uphold the lower court's order to halt the ban on new transgender recruits. Consequently, the Trump administration can continue imposing restrictions on the enlistment of transgender individuals for the time being.
There was disagreement among the judges on the panel. Judge Judith Rogers, in a separate opinion, argued that excluding qualified individuals solely based on gender identity is a loss for military readiness. In contrast, Judge Justin Walker, who was appointed by President Trump, dissented. He maintained that military personnel policy decisions should be made by the president and Congress, expressing a negative view of judicial intervention.
The Trump administration immediately indicated its intention to appeal. Secretary Hegseth posted "See you at the Supreme Court" on social media right after the ruling.
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LGBTQ rights groups welcomed the decision. Democratic Representative John Larson stated, "No one who is qualified and willing to serve their country should be denied the opportunity because of their identity."
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