D.C. Appeals Court Blocks Removal of Transgender Troops

The U.S. Court of Appeals for the District of Columbia Circuit ruled on June 1, 2026, that a Pentagon policy banning transgender individuals from military service likely violates the constitutional right to equal protection. In a 2-1 decision, the court upheld a preliminary injunction protecting 28 active-duty transgender service members from discharge. However, the court narrowed the ruling's scope, allowing the military to continue barring prospective transgender recruits from enlisting.

The legal challenge targeted a January 2025 executive order by Donald Trump titled Prioritizing Military Excellence and Readiness, which was implemented through a February 2025 Pentagon memorandum by Defense Secretary Pete Hegseth. The policy disqualified individuals with gender dysphoria from service, citing military readiness concerns.

Judge Robert L. Wilkins, writing for the majority, described the policy as arbitrary and driven by animus and a bare desire to harm a politically unpopular group. He criticized the government's legal defense as exhibiting willful ignorance. In a dissenting opinion, Judge Justin R. Walker argued that the judiciary lacks the expertise and authority to override military composition decisions made by the executive and Congress.

Defense Secretary Pete Hegseth signaled that the administration will appeal the decision to the U.S. Supreme Court. The ruling is currently under a temporary stay to allow for further review, and a class action motion hearing is scheduled for June 30.