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Appeals Court Blocks Trump Ban on Transgender Soldiers

Published 1 June 2026

A federal appeals court ruled on Monday that the Trump administration cannot expel transgender service members currently serving in the U.S. military, finding the policy barring them likely unconstitutional. The same ruling, however, allows the Pentagon to continue enforcing a ban on new transgender recruits while the legal challenge proceeds.

In a 2-1 decision, a panel of the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court’s preliminary injunction protecting current service members from removal. The court narrowed that injunction, permitting the Department of Defense to maintain its restrictions on new accessions. The policy stems from an executive order signed by President Donald Trump in January 2025 and implemented by Defense Secretary Pete Hegseth, which disqualifies individuals with a history of gender dysphoria from military service.

Writing for the majority, Circuit Judge Robert Wilkins stated that the policy appears to be driven by the bare desire to harm a politically unpopular group. He concluded that, at this preliminary stage, the Hegseth Policy is both arbitrary and based upon animus, and for those reasons the Policy violates...

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