A United States court of appeals has delivered a split decision, upholding a policy under President Donald Trump that effectively bans transgender individuals from enlisting in the military. The ruling allows the Trump administration to continue barring new transgender recruits, though the court found the policy to be a violation of the Constitution for already enlisted service members.

The decision by the US appeals court for the District of Columbia involved a three-judge panel, resulting in a fractured majority opinion. One judge, Robert Wilkins, an appointee of former President Barack Obama, supported a lower court's rejection of the Trump administration's policy as it affected current service members. He argued that the policy violates the "constitutional right to equal protection of the law."

A second judge, Judith Rogers, appointed by former President Bill Clinton, concurred with Wilkins's opinion in part, extending the protection to those seeking to enlist. However, the third judge, Justin Walker, appointed by President Trump, dissented, questioning the court's authority to review military policy decisions.

President Trump's policy, initiated shortly after his second inauguration on January 27, 2025, through an executive order titled "Prioritizing Military Excellence and Readiness," asserted that transgender individuals were not consistent with the requirements of military service. The order described transgender people as unfit due to embracing a "false ‘gender identity’."

This executive order formed the basis for a Pentagon memorandum issued in February 2025. The memorandum, under Defense Secretary Pete Hegseth, stated that any service member exhibiting "symptoms" of gender dysphoria or having undergone hormone therapy or surgery for gender affirmation would be "disqualified from military service."

In his written opinion, Judge Wilkins characterized the policy as overtly discriminatory, suggesting it was "driven by the bare desire to harm a politically unpopular group: persons who identify as transgender." He highlighted Trump's labeling of transgender persons as "dishonorable, undisciplined, arrogant, selfish liars."

The ruling leaves in place a significant hurdle for transgender individuals hoping to serve in the U.S. armed forces, while also acknowledging a constitutional violation for those already serving. The differing opinions among the judges suggest potential for further legal challenges or appeals.

This legal battle underscores the ongoing tension between military policy and the rights of LGBTQ+ individuals. Previous administrations have seen shifts in policies regarding transgender service members, reflecting broader societal debates on gender identity and inclusion.