Split appeals court says military transgender ban is unconstitutional

A split panel of the U.S. Court of Appeals for the D.C. Circuit found that War Secretary Pete Hegseth had acted unconstitutionally when he ordered a ban on transgender-identifying members of the military.

Two of the three judges said a preliminary injunction could stay in force against the Pentagon keeping transgender-identifying plaintiffs out of the military.

‘We have direct evidence in this case that animus motivated the classifications in the Hegseth Policy.’

The two judges said the order was likely a violation of the Equal Protection Clause of the Constitution.

“The government’s stated reason for issuing the Hegseth Policy as based solely upon gender dysphoria was pretextual, and that instead, the Hegseth Policy was premised, at least in part, on a non-legitimate state interest to harm the politically unpopular group of transgender persons,” Judge Robert Wilkins wrote in the ruling.

Judge Judith Rogers agreed with Wilkins about the constitutionality of the order.

However, Wilkins and Judge Justin Walker agreed separately that the Trump administration would be allowed to block transgender-identifying plaintiffs who wanted to join the military as the case progressed through the courts.

In the first days of President Donald Trump’s second term, he issued an executive order declaring that the military’s “high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity” were not compatible with the “medical, surgical, and mental health constraints on individuals with gender dysphoria.”

In Feb. 2025, the Defense Department issued the new restrictions on transgender-identifying military members.

Wilkins pointed out in his ruling that the plaintiffs in the lawsuit had collectively garnered more than 80 commendations in the military and served a combined 130 years.

“This is not a case where we are left to speculate why the government drafted such broad, undifferentiated classifications,” he said. “Unless we are going to fall for the old Groucho Marx line — ‘Who are you going to believe, me or your lying eyes?’ — we have direct evidence in this case that animus motivated the classifications in the Hegseth Policy.”