A federal court has ruled Trump’s ban on transgender soldiers illegal, violates their constitutional rights and targets a politically unpopular minority, according to the judges.
US President Donald Trump’s administration acted illegally when it banned transgender people from serving in the armed forces. A federal appeals court ruled on Monday. TASR writes about it according to the AP agency.
On January 27, 2025, Trump signed an executive order stating that the sexual identity of transgender military personnel “is inconsistent with the soldier’s obligation to lead an honest, truthful and disciplined lifestyle, including in personal life,” and is detrimental to the readiness of the armed forces.
Ban on transgender soldiers
In response to the decree, Secretary of Defense Pete Hegseth issued a directive that excludes those suffering from gender dysphoria from military service. It is a medical term for a discrepancy between a person’s actual gender and their perceived gender identity. This health condition can be accompanied by depression and suicidal tendencies.
Monday’s majority opinion by a three-judge panel of the Court of Appeals for the District of Columbia Circuit largely affirms a lower court’s March 2025 decision. In it, Judge Ana Reyes concluded that President Donald Trump’s executive order barring transgender soldiers from military service likely violates their constitutional rights.
“This action appears to be motivated only by a desire to harm a politically unpopular group: people who identify as transgender,” Judge Robert Wilkins wrote in the majority opinion.
In a minority opinion, Justice Justin Walker said that justices do not have the authority to challenge the decision to exclude transgender soldiers from service. “We have neither the expertise nor the authority to decide whether the military can expel plaintiffs from its ranks. The Constitution vests that authority in Congress and the commander-in-chief,” Walker wrote.
