Transgender troops can stay in US military as Trump’s ban found to be illegal
Trans troops may stay in the US military, a split decision has ruled (Stock image via Getty Images)
Transgender troops are permitted to stay in the US military, an appeals court ruled on 1 June, however the military may continue to block enlistment.
The ruling was a split decision, and it’s reportedly expected to be challenged by Donald Trump’s government and will likely end up in the supreme court.
The decision goes against Trump’s January 2025 order which said trans military members must be removed from service.
It was found that banning trans people from the forces was illegal, and “both arbitrary, and based on animus”, according to circuit judge Robert Wilkins, who was part of the majority vote.
The ruling was narrowed to only include the estimated 1,000 serving trans military members, and not those wanting to sign up.
‘Driven by the bare desire to harm a politically unpopular group’
Wilkins, who had been appointed by former Democratic president Barack Obama, added that the original order “appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender”.
Judge Justin Walker, who was part of the minority vote and had been appointed by Trump during his first presidency, argued that the court did not have the authority or experience needed to rule on the case, according to The Guardian.
Pete Hegseth, the US secretary of defence, has already indicated the decision will be appealed. He wrote on X: “See you at SCOTUS.”
The latest update follows a preliminary injunction in March 2025 by district court judge Ana Reyes, who stopped six active-duty trans people being dismissed.
Reyes wrote at the time: “Every person who has answered the call to serve deserves our gratitude and respect.”
At the time of the order, it claimed trans people’s gender identity “conflicts with a soldier’s commitment to an honourable, truthful, and disciplined lifestyle, even in one’s personal life”.
Hegseth then delivered a policy which blocked people with gender dysphoria from signing up to the military.
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