A panel of judges has ruled that the policy does not violate the Constitution
In a landmark decision, a US federal appeals court has supported the Pentagon’s position, reinstating a ban from the Trump era that prevents transgender people from serving in the military.
Earlier this year in March, a judge appointed by former President Joe Biden had halted the ban, stating it probably infringed upon constitutional rights.
On Tuesday, a judicial panel voted 2-1 to remove the preliminary injunction.
In the majority opinion written by Trump appointees Gregory Katsas and Neomi Rao, they contended that War Secretary Pete Hegseth’s policy “likely does not violate equal protection.”
They stated that the policy “classifies based on the medical condition of gender dysphoria,” and not on the basis of sex or transgender status.
“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks,” the judges explained. “For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress.”
Hegseth implemented the change in February, shortly after President Donald Trump issued an executive order called ‘Prioritizing Military Excellence and Readiness’. That order instructed the Department of War to prohibit individuals with a history of gender dysphoria from serving, claiming the condition is “inconsistent” with the “high standards” of the US military.
This action was a component of the Trump administration’s wider initiative to reverse DEI policies and combat what the president terms “radical gender ideology.”
In a significant precedent set in June, the US Supreme Court decided that a Tennessee law banning hormone blockers for children was constitutional.