In a 6–3 decision, the US Supreme Court has ruled that the Trump administration can proceed with its controversial ban on transgender military service members while ongoing legal challenges to the policy continue.
The court’s conservative majority lifted injunctions that had previously blocked the enforcement of Trump’s 2019 executive order. All three Democratic-appointed justices dissented.
The executive order prohibits transgender individuals from serving openly in the military, asserting they are unable to lead “an honourable, truthful, and disciplined lifestyle.” It claims that using pronouns inconsistent with one’s sex assigned at birth breaches the military’s “high standards for troop readiness, lethality, cohesion, honesty, humility, uniformity, and integrity.”
Legal Challenges and Advocacy Response
Several lawsuits were filed in response to the order, including one in Washington state by seven trans service members and one trans individual hoping to enlist. A federal judge issued a temporary injunction, halting the policy’s enforcement, but the Trump administration’s Department of Justice (DOJ) appealed the decision.
When the Ninth Circuit Court of Appeals declined to lift the injunction, the DOJ escalated the matter to the Supreme Court, which has now sided with the administration, allowing the ban to be enacted while litigation continues.
The DOJ argued the ban is not aimed at transgender people broadly but rather those diagnosed with gender dysphoria. Solicitor General John Sauer claimed the judiciary should not interfere with military staffing decisions, citing the principle of separation of powers.
In contrast, lawyers for the trans plaintiffs contend that the ban is rooted in prejudice, pointing to the order’s demeaning language. They also stressed that thousands of transgender people have served openly during the Biden administration with no negative impact on military readiness. Multiple studies support the view that inclusive service policies do not compromise troop cohesion or effectiveness.
Human Rights Campaign and Lambda Legal Condemn the Ruling
Human Rights Campaign and Lambda Legal, two of the organisations involved in the legal challenge, criticised the Supreme Court’s decision to lift the injunction.
“The court’s denial today recognised that the government is not harmed when transgender service members, who meet the same standards as their peers, are able to serve,” they said in a joint statement following the original ruling.
“To the contrary, the military is harmed when discriminatory policies exclude qualified people from service simply because of who they are.”
Up to 15,000 Trans Troops at Risk
An estimated 8,000 to 15,000 transgender service members are currently serving in the US military. The Supreme Court’s decision paves the way for many of them to be discharged while legal battles proceed, potentially over several years.
