WASHINGTON (AP) — A federal appellate court panel found that President Donald Trump’s executive order that barred transgender individuals from serving in the U.S. armed forces was likely unconstitutional. The decision was issued Monday by a three‑judge panel from the U.S. Court of Appeals for the District of Columbia circuit.
The majority opinion, written by Judge Robert Wilkins, upheld a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that Trump’s order likely violated the constitutional rights of transgender service members. She granted a preliminary injunction preventing the ban from taking effect for eight active‑duty pilots and specialists who were already serving.
The administration appealed the injunction after it was issued at the request of attorneys for six transgender active‑duty personnel and two applicants seeking enlistment. The appellate panel agreed to narrow the relief, allowing the injunction to apply only to those already in the military, but not to individuals who were still attempting to join.
In January 2025, Trump signed the order, citing that “sexual identity conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and that it “harmed military readiness.” The order was challenged on grounds that it violated the First Amendment and the Equal Protection Clause of the Fourteenth Amendment.
Following the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies service members with gender dysphoria. The policy states that individuals who experience distress due to mismatched assigned and identified gender may be barred from service. Gender dysphoria is a recognized medical condition linked to depression and suicidal thoughts.
Judge Wilkins described the policy as “driven by a bare desire to harm a politically unpopular group” and noted that the rule “seems to be an attempt to target transgender people regardless of their service readiness.” Wilkins was nominated to the federal bench by former President Barack Obama.
The court’s decision is expected to set a precedent for future challenges to executive actions that discriminate on the basis of gender identity, potentially opening the door for congressional legislation to protect transgender service members.
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