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Some Trans Military Members Banned by Trump Allowed to Continue Service Under Ruling

The panel said the ban was driven by unconstitutional animus and kept protections for the 28 named plaintiffs while narrowing the injunction.

  • On Monday, the D.C. Circuit Court of Appeals blocked the Trump administration from removing more than two dozen transgender service members from the military while their lawsuit challenging the policy continues.
  • Defense Secretary Pete Hegseth issued the policy declaring transgender identity incompatible "with a soldier's commitment to an honorable, truthful, and disciplined lifestyle," citing administration concerns over "radical gender ideology."
  • Judge Robert Wilkins' majority opinion found the policy violated equal protection, labeling it an "unadulterated expression of animus," while noting the government provided no factual basis showing transgender troops pose national security risks.
  • The ruling applies only to the Plaintiff-Appellees who sued last year, allowing current service members to continue serving while the military retains authority to prohibit new transgender recruits from enlisting.
  • Rachel VanLandingham, a retired Air Force JAG officer, expressed doubt the Supreme Court will uphold the ruling, noting many transgender service members have already opted for "voluntary" separation rather than face discharge boards.
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lawdork.com broke the news on Tuesday, June 2, 2026.
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