Federal Appeals court backs Trump–Hegseth policy restricting transgender military service

Judges Gregory Katsas and Neomi Rao said that the policy reflected military judgment and constitutional precedent
Pete Hegseth argued that excluding transgender troops boosted readiness and cost control, swaying judicial deference to military leaders (Getty Images)
Pete Hegseth argued that excluding transgender troops boosted readiness and cost control, swaying judicial deference to military leaders (Getty Images)

WASHINGTON, DC: A federal appeals court on Tuesday, December 9, ruled that the US military may once again bar transgender Americans from serving, handing a significant victory to Secretary of War Pete Hegseth and President Donald Trump. 

The 2-1 decision by the US Court of Appeals for the DC Circuit overturned a lower-court injunction issued in March. 

The Supreme Court had already allowed the ban to remain in place in May while litigation continued.

WASHINGTON, DC - SEPTEMBER 05: U.S. President Donald Trump signs executive orders during a press availability in the Oval Office of the White House on September 05, 2025 in Washington, DC. President Trump signed executive orders which included the renaming of the Department of Defense to the Department of War. (Photo by Kevin Dietsch/Getty Images)
President Donald Trump signs executive orders during a press availability in the Oval Office of the White House on September 05, 2025, in Washington, DC (Kevin Dietsch/Getty Images)

Judges say ban likely constitutional

Judges Gregory Katsas and Neomi Rao ruled that the policy is “likely constitutional” because it reflects the informed judgment of military leaders and promotes “legitimate military interests.”

They argued that longstanding medical standards historically barred individuals with gender dysphoria from serving, noting the military’s shifting policies since 2016 have mirrored changes in presidential administrations.



“The United States military enforces strict medical standards,” they wrote.

Gender dysphoria, they added, has long been associated with “clinically significant distress,” and past standards excluded individuals with the condition until relaxed by Democratic administrations and reinstated under Republican ones.

BRUSSELS, BELGIUM - FEBRUARY 13: US Secretary of Defence Pete Hegseth speaks during a joint press conference held with NATO Secretary General Mark Rutte during the NATO Defense Ministers' meeting on February 13, 2025 in Brussels, Belgium. NATO Defence Ministers are convening in Brussels for a meeting chaired by NATO Secretary General Mark Rutte. Also in attendance is US Defense Secretary Pete Hegseth, marking the first visit to NATO by a member of the new Trump administration. High on the agenda for the allies will be ascertaining how the US intends to influence the trajectory of the war in Ukraine, as the conflict nears the third anniversary since Russia's full-scale invasion. (Photo by Omar Havana/Getty Images)
Secretary of Defense Pete Hegseth speaks during a joint press conference held with NATO Secretary General Mark Rutte during the NATO Defense Ministers' meeting on February 13, 2025, in Brussels, Belgium (Omar Havana/Getty Images)

Court defers to Pete Hegseth on readiness and cost concerns

Hegseth argued that excluding transgender troops improved combat readiness, unit cohesion, and cost control.

The judges said that he relied on studies and materials from prior policy debates and emphasized that courts must remain cautious when asked to override military judgment.

“Even if heightened scrutiny applied,” they wrote, “decades of precedent establish that the judiciary must tread carefully.”

U.S. President Donald Trump listens during a Cabinet meeting at the White House on February 26, 2025 in Washington, DC. Trump is holding the first Cabinet meeting of his second term, joined by Tesla and SpaceX CEO Elon Musk, head of the Department of Government Efficiency (DOGE). (Photo by Andrew Harnik/Getty Images)
President Donald Trump listens during a Cabinet meeting at the White House on February 26, 2025, in Washington, DC (Andrew Harnik/Getty Images)

The decision directly contradicts US District Judge Ana Reyes, who blocked the policy in March and sharply condemned it as discriminatory, writing that it was “soaked in animus and dripping with pretext.”

She said the executive order stigmatized transgender people as “inherently unfit.” Katsas and Rao rejected her reasoning, saying she “afforded insufficient deference” to Hegseth’s “considered judgement.”

First Lady Melania Trump and U.S. President Donald Trump disembark from Air Force One after landing at Naval Station Norfolk before they visit the USS George H.W. Bush aircraft carrier on October 5, 2025 in Norfolk, Virginia. President Trump is visiting Naval Station Norfolk in Virginia for a celebration of the 250th birthday of the U.S. Navy. (Photo by Alex Wong/Getty Images)
First Lady Melania Trump and President Donald Trump disembark from Air Force One after landing at Naval Station Norfolk before they visit the USS George HW Bush aircraft carrier on October 5, 2025, in Norfolk, Virginia (Alex Wong/Getty Images)

Ban signed days after Trump’s return to office

The controversy began when Trump, days after returning to office in January, signed an executive order reinstating the ban.

“A man’s assertion that he is a woman,” the order stated, “is not consistent with the humility and selflessness required of a service member.”

With the appeals court’s ruling, the administration’s policy is poised to remain in effect as litigation continues, marking a major shift in military service eligibility for transgender Americans.

DETROIT, MICHIGAN - OCTOBER 10: Republican presidential nominee, former U.S. President Donald Trump, speaks at the Detroit Economic Club on October 10, 2024 in Detroit, Michigan. Michigan is considered a key battleground state in the upcoming presidential election, holding 15 electoral votes. (Photo by Bill Pugliano/Getty Images)
Donald Trump speaks at the Detroit Economic Club on October 10, 2024, in Detroit, Michigan (Bill Pugliano/Getty Images)

Several legal organizations signaled that they planned to challenge the ruling, arguing that it undermined both constitutional protections and the military’s own findings from previous years.

Critics also pointed to research commissioned by the Pentagon that reportedly concluded transgender service members do not pose any measurable risk to readiness or cohesion.

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