A federal appeals court has ruled that the Trump administration's policy banning transgender individuals from serving in the military is likely unconstitutional. The D.C. Circuit Court of Appeals, in a 2-1 decision, upheld a lower court’s injunction preventing the Department of Defense from discharging current service members due to gender dysphoria. The court found the ban appears to stem from a desire to harm a politically unpopular group rather than legitimate military concerns.
While the court blocked the removal of existing troops, it permitted the government to impose restrictions on new recruits who identify as transgender. The decision emphasizes that while the military may set standards for enlistment, those standards must not be based on discriminatory intent. The ruling allows the administration to continue reviewing applications but prevents actions against current personnel already serving.