Supreme Court Greenlights Trump’s Trans Military Ban

The Supreme Court has delivered a resounding blow to transgender service members, granting the Trump administration’s request to immediately enforce its ban on trans military service. In an unsigned order over the dissent of the three liberal justices, the court lifted a nationwide injunction, allowing the Pentagon to begin discharging service members with a diagnosis or history of gender dysphoria and to deny enlistment to transgender Americans.

This decision, a significant legal victory for the Trump administration, directly impacts the lives of thousands of currently serving troops. The ban, authorized under Executive Order 14183 and implemented by Defense Secretary Pete Hegseth, mandates the expulsion of all transgender service members, regardless of their performance or qualifications, and blocks any future enlistment of transgender people.

The legal battle has centered on the argument that the ban is rooted in animus towards transgender people, rather than genuine concerns about military readiness. As stated by the plaintiffs’ lawyers, “An unprecedented degree of animus towards transgender people animates and permeates the ban: it is based on the shocking proposition that transgender people do not exist.”

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“Today’s Supreme Court ruling is a devastating blow to transgender service members who have demonstrated their capabilities and commitment to our nation’s defense,” said Lambda Legal and the Human Rights Campaign Foundation in a joint statement. They further argued that the policy “has nothing to do with military readiness and everything to do with prejudice,” adding that the ban “violates constitutional guarantees of equal protection and will ultimately be struck down.”

The Trump administration, through Solicitor General John Sauer, argued that the ban is not a ban on transgender people serving, but a ban on people with the medical condition gender dysphoria. The government relied on a dubious Pentagon report from the first Trump term that claimed individuals with gender dysphoria pose a threat to “military effectiveness and lethality.”

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Advocates for transgender service members point to the successful service of trans troops during the Biden administration, demonstrating that military readiness is not compromised by their presence. They emphasize that the ban’s language, which suggests transgender people cannot lead “an honorable, truthful, and disciplined lifestyle,” reveals its discriminatory nature.

The Supreme Court’s decision allows the ban to take effect immediately, while appeals continue in the Ninth Circuit and potentially at the Supreme Court. There are an estimated 8,000 to 15,000 transgender service members who could be discharged as a result of this ruling.  

The fight against this discriminatory policy is far from over. As the legal battles continue, LGBTQ+ advocates remain steadfast in their commitment to ensuring that transgender individuals are afforded the same opportunities to serve their country as anyone else.