WASHINGTON – A D.C. Circuit panel on Tuesday temporarily blocked a federal judge’s order that had stopped President Donald Trump’s policy banning most transgender people from serving in the U.S. military. The 2-1 decision, led by two Trump appointees, found that the lower court did not give sufficient deference to Secretary of Defense Pete Hegseth’s judgment.
Judges Gregory Katsas and Neomi Rao wrote that Hegseth’s policy, issued under Trump’s “Prioritizing Military Excellence and Readiness” executive order, likely does not violate the Constitution’s Equal Protection Clause. Citing the Supreme Court’s recent ruling in United States v. Skrmetti, the judges noted that classifications based on medical conditions, like gender dysphoria, do not automatically trigger heightened scrutiny. The policy effectively disqualifies most transgender individuals unless granted an exception and mirrors the 2018 ban that reversed protections allowing transgender service members under a 2016 policy.
D.C. District Judge Ana Reyes, a Biden appointee, had blocked enforcement in March, criticizing the policy as “rushed” and preordained. She noted that the policy undermined decades of military inclusivity, citing previous expansions of service opportunities for minorities, women, and gay service members. The plaintiffs include 14 active-duty service members with extensive military experience and commendations.
The dissenting judge, Cornelia Pillard, a Barack Obama appointee, sharply criticized the majority for siding with the government without evidence supporting the policy’s military necessity. She argued that the ban appeared motivated by animus rather than legitimate military considerations and would unfairly derail the careers of qualified service members. Pillard stressed that while military judgments warrant deference, the administration failed to provide any assessment or consultation with uniformed leaders to justify the ban.