Appeals court allows Pentagon transgender military ban to proceed: ‘A great win’

A divided federal appeals court on Tuesday allowed the Pentagon to temporarily enforce its reinstated ban on transgender military service, ruling that a lower court had improperly blocked the Trump administration’s 2025 policy.

The move marks a major development in one of the nation’s most closely watched military policy cases.

The 2-1 decision by the U.S. Court of Appeals for the D.C. Circuit stays a district court’s preliminary injunction and allows the Trump administration to continue enforcing the restrictions while litigation continues.

“Today’s victory is a great victory for the security of the American people,” White House Press Secretary Anna Kelly told Fox News Digital. “As Commander in Chief, President Trump has the executive authority to ensure that our War Department prioritizes military readiness over woke gender ideology.”

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A federal appeals court on Tuesday allowed the Trump administration’s Pentagon deputy war secretary, Pete Hegseth, to temporarily enforce its reinstated ban on transgender military service. (Getty/Imagn)

Justices Gregory Katsas and Neomi Rao, writing for the majority, said the district court improperly substituted its own judgment for that of Pentagon leaders.

“The United States military maintains strict medical standards to ensure that only physically and mentally fit individuals join its ranks. For decades, these requirements have barred service to individuals suffering from gender dysphoria, a medical condition associated with clinically significant distress,” the majority wrote.

“The district court nonetheless preliminarily enjoined the 2025 policy based on its own contrary assessment of the evidence. In our view, the court failed to show insufficient deference to the Secretary of State’s decision. [Hegseth] considered judgment. Accordingly, we stay the preliminary injunction pending the government’s appeal. »

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The policy was adopted under Secretary of War Pete Hegseth. (Julia Démarée Nikhinson/AP)

The 2025 policy, adopted under President Donald Trump and Secretary of War Pete Hegseth, “generally prohibits individuals with gender dysphoria from serving in the armed forces,” the court noted.

According to the majority opinion, the Pentagon concluded that this policy would promote “important military interests in combat readiness, unit cohesion, and cost control.”

Judge Patricia Millett Pillard dissented sharply, accusing the Trump administration of failing to justify the new ban and arguing that the motives behind it were impermissible.

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The justices writing for the majority said the district court wrongly substituted its own judgment for that of Pentagon leaders. (Tom Brenner/Bloomberg via Getty Images)

“There may well be valid reasons to reexamine and modify military service policies established by previous administrations. But based on this record, one cannot say,” Pillard wrote.

“Defendants provide no evidence that they based their new policy on an assessment of costs, benefits, or any other factor legitimately related to military necessity. Indeed, there is “no evidence that [President Trump or Secretary Hegseth] consulted with uniformed military leaders before imposing their unprecedented ban on transgender service members.

Pillard said the administration’s approach reflected “animosity from the start,” pointing to President Trump’s Jan. 27 Executive Order 14183, or Prioritizing Military Excellence and Readiness, issued in February.

In this order, Trump declared that “the policy of the United States” is that “the adoption of a gender identity inconsistent with an individual’s sex conflicts with a Soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in his or her personal life.” The order also asserted that openly identifying as transgender was “not consistent with the humility and selflessness required of a military member” and ordered Hegseth to develop policies within 60 days.

Policy regarding transgender services has changed several times over the past decade. The restrictions were eased in 2016, tightened in 2018, eased again in 2021 and reinstated in 2025, the court noted. The district court stayed the latest version earlier this year, leading the Pentagon to appeal for a stay.

The case is now sent back to the district court for further review and is expected to continue moving toward what ultimately could be review by the Supreme Court.

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The War Department did not immediately respond to Fox News Digital’s request for comment.