Court halts Trump plan to expel transgender troops

court halts – A federal appeals court ruled the Pentagon’s policy to expel transgender service members illegal, blocking the administration from removing 28 plaintiffs who sued. The decision keeps those troops in uniform for now, though the military can still bar new transg

For now, the Pentagon can’t carry out its plan to separate transgender troops who are already suing the government.

On Monday, a federal appeals court ruled that the policy to kick out transgender service members was illegal. The decision halts the Trump administration from removing more than two dozen transgender service members who have filed suit against the Pentagon. The ruling applies to 28 plaintiffs who brought the case last year. and it allows those transgender troops to continue serving while the litigation moves forward.

The three-judge panel of the US Court of Appeals for the District of Columbia Circuit found that the administration’s efforts to bar transgender troops were “arbitrary” and driven by “animus.” Writing for the majority. Judge Robert Wilkins said the government’s stance violated equal protection because it was “an ‘unadulterated expression of animus’” and reflected a “bare … desire to harm a politically unpopular group.”.

The court’s majority also pointed to the way the administration described transgender service members—not just its policy. The majority opinion said the government had not attempted to defend or provide any factual basis for the administration’s disparaging characterizations of American citizens. It went further. adding that the government did not dispute that the plaintiff service members are currently serving and have collectively earned more than 80 commendations. and that they “pose no threat to national security. even though they happen to be transgender.”.

The ruling is a major reversal for the Trump administration. It also preserves one boundary the administration still seeks: the military can continue to prohibit transgender recruits from joining.

Trump acted quickly after taking office, using an executive order to bar transgender troops from service. That order declared transgender identity incompatible “with a soldier’s commitment to an honorable. truthful. and disciplined lifestyle.” Defense Secretary Pete Hegseth has repeatedly highlighted one of his accomplishments as “no more dudes in dresses.”.

The legal fight didn’t stay abstract. As the appeals court decision landed, military consequences had already been set in motion for some service members. For many transgender troops. “the damage is already done. ” said Rachel VanLandingham. a professor at Southwestern Law School and a retired Air Force JAG officer. She said many transgender service members had already left the military. opting for what military officials characterized as “voluntary” separation rather than face discharge boards.

Military officials estimated in May 2025 that around 1,000 troops had identified themselves as transgender to begin their separation process. The Pentagon has estimated that there are about 4. 200 transgender troops. while one 2014 estimate from the University of California Los Angeles School of Law put the figure close to 15. 000.

VanLandingham also challenged the administration’s stated basis for removal, saying there was “no rational relation to good order and discipline” in the justification offered for removing transgender troops.

Still, legal experts warned the road ahead may not end here. In a 2-1 decision, Judge Justin Walker dissented. He said the Supreme Court has allowed the military to “deprive its members of rights that the Constitution may well guarantee to civilians.” He also said he dissented in part because “the plaintiffs are service members not civilians. and because we are judges not generals.”.

Walker added that the court should not decide whether the military can exclude these plaintiffs. writing. “We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks.” He continued: “The Constitution assigns that authority to Congress and the Commander in Chief.”.

The Pentagon, when asked for comment, referred Business Insider to the Department of Justice.

The government is likely to appeal the decision. said Franklin Rosenblatt. a retired Army JAG officer and president of the National Institute of Military Justice. Rosenblatt argued there was “no evidentiary record they have developed to show that by allowing trans people to serve in the military. that that’s going to erode our national security somehow.” He said the rationale for separation appeared to use national security “as window dressing” and that it is “really based on is discrimination against a politically unpopular class of people.”.

For the transgender service members affected by the lawsuit, the court’s decision does not erase the time already lost. Even with the ruling in place. VanLandingham said the case still has several steps before it could reach the Supreme Court. including further proceedings in the lower courts and potential appeals. She expressed doubt that the Supreme Court would ultimately uphold the appeals court’s ruling. calling a favorable outcome “wishful thinking.”.

transgender troops Pentagon Trump administration executive order court ruling Court of Appeals for the District of Columbia Circuit equal protection animus national security military justice