A divided federal appeals court panel ruled Monday that a Trump administration policy banning transgender individuals from military service likely violates constitutional rights, largely upholding a lower court's preliminary injunction against the policy.

The three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit affirmed a March 2025 ruling by U.S. District Judge Ana Reyes, who concluded that President Donald Trump's executive order excluding transgender troops from military service likely violates their constitutional rights. The case was brought by attorneys representing six transgender active-duty service members and two others seeking to join the military.

The appeals court narrowed the scope of the injunction to apply only to plaintiffs currently serving in the military, not those seeking to enlist. Writing for the majority, Judge Robert Wilkins stated the policy "appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender." Judge Judith Rogers joined the majority opinion but also partially dissented.

In January 2025, Trump signed an executive order claiming that the sexual identity of transgender service members "conflicts with a soldier's commitment to an honorable, truthful, and disciplined lifestyle" and harms military readiness. Following the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service.

Judge Justin Walker dissented from the majority, arguing that courts lack authority to override military personnel decisions. "We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief," Walker wrote.

The ruling will not take immediate effect, allowing the administration time to request a hearing before the full appeals court. The U.S. Supreme Court previously allowed the transgender military ban to go into effect while litigation continues in multiple jurisdictions.