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Trump administration asks Supreme Court to allow military’s transgender ban
The Justice Department says the ban is a matter of exceptional importance, while lower courts found it likely rooted in animus and blocked discharges.
On Friday, August 28, the Justice Department petitioned the Supreme Court to lift an injunction protecting 28 transgender service members, seeking to allow the Pentagon to discharge them while litigation continues.
President Donald Trump signed an executive order in January 2025 directing Defense Secretary Pete Hegseth to bar transgender service members, stating their health needs are 'inconsistent' with military service; Hegseth formalized the ban in February.
A federal appeals court ruled in June 2026 the policy is 'arbitrary and based upon animus,' with Judge Robert Wilkins finding 'direct evidence' the ban was motivated by animosity toward transgender people.
GLAD Law senior director Jennifer Levi countered that 'the Trump administration's own attorneys admitted, these are qualified individuals who are meeting all military standards,' arguing there is 'no reason to waste millions of taxpayer dollars' on the discharge.
The Supreme Court is expected to decide this fall whether to hear the case, with potential oral arguments during the term beginning in October, as a two-week trial remains scheduled for January 4, 2027.