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A federal appeals court in Washington, D.C. has blocked the Department of Defense from removing current transgender troops, ruling that the Trump administration's ban is likely unconstitutional. The D.C. Circuit Court of Appeals' decision on Monday (June 1) applies only to service members who sued the administration, not barring the Pentagon from preventing transgender people from joining the military.
The court, in a 2-1 decision, concluded that the policy appeared driven by animus against a politically unpopular group. Judge Robert Wilkins, writing for the majority, stated that the policy violated the constitutional right to equal protection. He emphasized the hardship faced by active service members facing expulsion, noting the difficulty in reinstating their careers. The court's decision allows these members to remain in service while the case proceeds through the courts.
The ruling follows a series of legal challenges against the Trump administration's executive order, which was reinstated on January 20, 2025, reversing a previous order by President Joe Biden that allowed transgender troops to serve openly. The policy, as outlined by Secretary of Defense Pete Hegseth, disqualifies individuals with gender dysphoria from serving, citing medical and mental health constraints.
The case, known as Talbott v. USA, involves several plaintiffs, including Commander Emily Shilling, who argue that the ban is a "de facto blanket ban on transgender service." The plaintiffs have sought class-action status to extend the ruling's protections to all affected service members.
While the appeals court's decision is a temporary reprieve for current transgender troops, the legal battle continues. The Pentagon has not yet responded to the ruling. The case is expected to proceed further through the courts, with potential implications for the future of transgender military service.