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US court upholds injunction against Trump policy banning transgender troops

From Al Jazeera · () English

Summarized and contextualized by DistantNews.

At a glance

News Named sources Outcome reported
  • A U.S. court of appeals ruled that former President Donald Trump's policy to ban transgender troops violated the Constitution.
  • The split decision by a three-judge panel upheld a lower court's rejection of the policy for currently enlisted service members, with one judge arguing it should also protect those seeking to enlist.
  • The ruling cited the policy's discriminatory nature, stating it appeared driven by a desire to harm a politically unpopular group and was not supported by national security concerns.

A U.S. court of appeals has affirmed that former President Donald Trump's policy to ban transgender individuals from serving in the military was unconstitutional. The ruling by a three-judge panel for the U.S. appeals court for the District of Columbia split on the extent of the ban's violation.

Trumpโ€™s policy violates the โ€œconstitutional right to equal protection of the lawโ€.

โ€” Judge Robert WilkinsWriting for the fractured majority in the appeals court ruling.

Judge Robert Wilkins, appointed by Barack Obama, agreed with a lower court's decision to reject the Trump administration's policy as it applied to currently enlisted service members. Judge Judith Rogers, appointed by Bill Clinton, concurred in part, arguing the protection should extend to individuals seeking to enlist. However, Judge Justin Walker, a Trump appointee, dissented, questioning the court's authority to review military policy.

A manโ€™s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member.

โ€” Donald TrumpQuoted from Trump's executive order denouncing transgender individuals in the military.

Writing for the majority, Wilkins stated that Trump's policy infringed upon the "constitutional right to equal protection of the law." The policy, issued shortly after Trump's second inauguration in January 2025, declared transgender individuals unfit for service, citing "radical gender ideology" and claiming their assertions of gender identity were inconsistent with military requirements.

The policy, he wrote, โ€œappears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgenderโ€.

โ€” Judge Robert WilkinsDescribing the discriminatory nature of Trump's transgender military ban policy.

This executive order formed the basis for a Pentagon memorandum that disqualified service members with "symptoms" of gender dysphoria or those who had undergone gender-affirming hormone therapy or surgery. Wilkins, however, characterized the policy as "blatantly discriminatory," appearing "driven by the bare desire to harm a politically unpopular group." He highlighted that the transgender plaintiffs had extensive military service and numerous commendations, undermining the administration's argument that their continued service would harm national security.

To add insult, the President labeled transgender persons as dishonorable, undisciplined, arrogant, selfish liars.

โ€” Judge Robert WilkinsPointing to the language used in Trump's executive order against transgender individuals.
DistantNews Editorial

Originally published by Al Jazeera. Summarized and contextualized by our editorial team with added local perspective. Read our editorial standards.