SCOTUS gives Trump green light to ban transgender people from military, but there's a caveat
Washington D.C.: The US Supreme Court ruled on Tuesday that the Trump administration could enforce its ban on transgender individuals serving in the military while legal challenges proceed. The unsigned order, typical of emergency rulings, did not provide an explanation, but the court’s three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—dissented.
Lambda Legal and the Human Rights Campaign Foundation, representing challengers to the policy, condemned the decision as “a devastating blow to transgender servicemembers". They argued the ban is rooted in prejudice rather than military readiness, stating, “Transgender individuals meet the same standards and demonstrate the same values as all who serve.” The groups vowed to continue fighting the policy, which they believe violates constitutional equal protection guarantees.
President Trump first reversed an Biden-era policy allowing transgender individuals to serve openly shortly after taking office. In January, he issued a new executive order barring transgender people from military service, citing concerns over “troop readiness, lethality, and cohesion". The order claimed gender dysphoria and pronoun usage conflicted with military standards. The Pentagon began implementing the ban in February, affecting an estimated 4,240 service members (0.2% of the military).
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Lower courts had blocked the policy, with judges criticizing its justification. US District Judge Benjamin Settle, a George W. Bush appointee, called the government’s arguments unpersuasive, noting a lack of evidence supporting the ban. Another judge, Ana Reyes, described the policy as “soaked with animus".
The Trump administration appealed to the Supreme Court, arguing lower courts had overstepped by interfering with military personnel decisions. The new ban is stricter than Trump’s initial policy, now affecting nearly all active transgender service members. Lawyers for Navy pilot Emily Shilling, a lead plaintiff, warned that enforcing the ban would disrupt military operations and end careers.
A February Gallup poll found 84% of Democrats support transgender military service, compared to just 23% of Republicans.