JUST IN – Federal appeals court finds Trump admin policy banning transgenders from serving in the U.S. military unconstitutional — Fox News
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WASHINGTON (AP) — A Trump administration policy illegally banned transgender troops from military service, a divided panel of federal appeal court judges ruled on Monday.
The majority opinion by a three-judge panel from the U.S. Court of Appeals for the District of Columbia circuit largely upholds a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C. Reyes concluded that President Donald Trump’s executive order to exclude transgender troops from military service likely violates their constitutional rights.
The administration appealed after Reyes issued a preliminary injunction requested by attorneys for six transgender people who are active-duty service members and two others seeking to join the military. The appeal court’s majority decided that the injunction should be narrowed to the plaintiffs currently serving in the military but not those seeking to join.
The ruling won’t immediately go into effect, allowing the administration time to ask the full appeals court to hear the case.
The U.S. Supreme Court allowed the transgender military ban to go into effect last year, as litigation continues to play out. Another lawsuit challenging the ban was filed in Washington state and led to a ruling in favor of the plaintiffs challenging the policy in that case.
The judicial branch does not have direct control over the armed services, as its primary role is to interpret laws and ensure justice, while the executive branch, led by the president, oversees military operations. However, the courts can review the constitutionality of actions taken by the military and executive branch.