Judges Judith Rogers and Robert Wilkins, in the majority opinion, determined that the policy issued by Defense Secretary Pete Hegseth was motivated in part by animus toward transgender people.
The judges left the injunction blocking removal of current transgender troops who are plaintiffs in the case. The ruling does not apply to new recruits.
“The government’s stated reason for issuing the Hegseth Policy as based solely upon gender dysphoria was pretextual,” wrote Judge Wilkins. He said the policy targeted transgender persons as a politically unpopular group.
Judge Justin Walker dissented. Walker, appointed by President Trump in 2020, disagreed with the majority’s finding of unconstitutional animus. Rogers was appointed by President Bill Clinton and Wilkins by President Barack Obama.
The case stems from a Trump executive order issued early in his second term. The order stated that gender dysphoria conflicts with military standards for readiness, lethality, cohesion, uniformity, and integrity.
Hegseth implemented the policy in February 2025, pausing new accessions for those with a history of gender dysphoria and halting gender-affirming medical procedures for serving troops.
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The Defense Department policy disqualified individuals with gender dysphoria from service unless they received a waiver. Transgender service members and applicants sued, arguing the rules discriminated on the basis of sex and transgender status.
U.S. District Judge Ana Reyes had previously blocked the policy in March 2025. The Trump administration appealed. A different D.C. Circuit panel had earlier allowed enforcement to continue while the case proceeded.
The Supreme Court also permitted the policy to remain in effect during litigation in a related case from Tacoma, Washington.
In Monday’s opinion, Wilkins noted that the 14 active-duty plaintiffs have served a combined 130 years and earned more than 80 commendations. The administration did not dispute their honorable service or performance.
The court found the policy’s broad disqualification of anyone diagnosed with gender dysphoria, regardless of current condition, failed equal protection standards.
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An estimated 4,200 troops had been diagnosed with gender dysphoria as of December 2024. Between January 2016 and May 2021, roughly 1,900 active-duty members received gender-affirming care, according to a Congressional Research Service report.
The majority allowed the administration to continue restricting new transgender applicants. The injunction applies only to the active-duty plaintiffs in this lawsuit.
They cite service records of transgender troops who met standards during the period when open service was permitted.
Pentagon officials have not yet commented on next steps, including potential appeal or policy adjustments.
