Key facts
- A federal appeals court ruled the Pentagon's policy to remove transgender troops is illegal.
- The ruling allows 28 transgender troops who sued to continue serving.
- The court found the Trump administration's ban to be arbitrary and based on animus.
- The military can still prohibit transgender recruits from joining.
- The government is expected to appeal the decision.
A federal appeals court has reversed a Trump administration policy that barred transgender individuals from serving in the US military. In a 2-1 decision, the US Court of Appeals for the District of Columbia Circuit found the ban to be arbitrary and a violation of equal protection rights, allowing 28 plaintiffs who sued to continue their service. The majority opinion stated the government failed to provide a factual basis for its disparaging characterizations of transgender service members, noting their honorable service and lack of threat to national security. However, the ruling does not prevent the military from prohibiting new transgender recruits from joining. Legal experts caution that the Supreme Court may view the case differently, as it has previously allowed the military to deprive service members of rights. Many transgender troops have already left the military due to the policy and rhetoric, with some estimates suggesting around 1,000 began separation processes. The government is expected to appeal the decision.