Trump administration's military transgender ban halted by appeals court

 April 1, 2025

A heated legal battle intensifies as three federal judges weigh in on the Trump administration's transgender military policy.

According to Breitbart, the U.S. Court of Appeals for the Ninth Circuit denied the Trump administration's request to enforce its ban on transgender individuals serving in the military while an appeal is pending.

The ruling marks another setback for the administration's efforts to implement its controversial military policy. The decision was made by a panel of three judges: Wallace Tashima, John Owens, and Roopali Desai, who were appointed by Presidents Bill Clinton, Barack Obama, and Joe Biden respectively.

Legal challenges mount against military transgender policy

The case originated when Lambda Legal and the Human Rights Campaign Foundation filed a lawsuit on behalf of seven active-duty transgender service members. U.S. District Judge Benjamin Settle subsequently issued a preliminary injunction, temporarily halting the military's policy of identifying and discharging transgender service members.

The Trump administration promptly appealed Settle's ruling to the Ninth Circuit Court of Appeals. They specifically requested the court to suspend the preliminary injunction while the appeal process continued, which would have allowed immediate enforcement of the ban.

This latest ruling adds to a growing list of legal obstacles facing the administration's transgender military policy. Earlier this year, U.S. District Judge Ana Reyes, another Biden appointee, blocked the Pentagon from implementing similar restrictions.

Executive order details and Pentagon response

In January, President Trump issued an executive order titled "Prioritizing Military Excellence and Readiness." The order explicitly addressed gender identity in military service, establishing strict guidelines for service eligibility.

Trump's executive order specifically stated that expressing a gender identity different from one's biological sex fails to meet military service standards. The administration argued that such expressions conflict with the military's requirements for honorable and disciplined conduct.

Defense Secretary Pete Hegseth responded to the executive order in February with a directive. He ordered an immediate pause on new accessions for individuals with gender dysphoria and halted all medical procedures related to gender transitions for service members.

Understanding the administration's position

The Trump administration maintains that their policy serves to protect military readiness and effectiveness. According to the executive order:

Beyond the hormonal and surgical medical interventions involved, 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 one's personal life. A man'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.

The Defense Department's implementation of the policy reflects these concerns. Hegseth's February directive specifically targeted both new recruits and existing service members, demonstrating the administration's comprehensive approach to the issue.

Current status and future implications

The ongoing legal conflict between the Trump administration and federal courts continues to shape military policy regarding transgender service members. The Ninth Circuit's denial of the administration's request prevents the immediate implementation of the transgender ban while legal proceedings continue.

The controversy stems from President Trump's January executive order establishing new guidelines for military service eligibility based on gender identity. With multiple court challenges and injunctions in place, the ultimate fate of the administration's transgender military policy remains uncertain as it moves through the judicial system.

About Victor Winston

Victor is a freelance writer and researcher who focuses on national politics, geopolitics, and economics.

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