A federal appeals court ruled Monday that the Trump administration’s policy excluding transgender individuals from military service violates constitutional protections, upholding a lower court injunction that blocks enforcement of the ban against current service members.

Court Narrows Injunction Scope

The U.S. Court of Appeals for the District of Columbia Circuit issued a 2-1 decision largely affirming District Judge Ana Reyes’ March 2025 preliminary injunction. The appeals panel modified the injunction to protect only the six transgender individuals currently serving on active duty who brought the lawsuit, removing coverage for two plaintiffs seeking to enlist. Judge Reyes, appointed during the Biden administration, previously concluded that President Trump’s executive order likely violated the constitutional rights of transgender troops.

The legal challenge arose after President Trump signed two executive orders in January 2025 titled “Restoring America’s Fighting Force” and “Prioritizing Military Excellence and Readiness.” These directives instructed all military branches to operate without preferences based on race or sex and to eliminate gender identity policies and pronoun usage requirements from military operations.

Courtroom Confrontation

The Trump administration attempted to dissolve Judge Reyes’ original nationwide injunction after updating its policy on troops with gender dysphoria. During proceedings, Judge Reyes questioned Department of Justice lawyers about military spending on erectile dysfunction medication compared to gender dysphoria treatment costs. Defense Secretary Pete Hegseth responded publicly with sharp criticism of the judge’s involvement in military policy decisions, suggesting in social media posts that she should instruct special operations forces on combat tactics if she planned to make military readiness determinations.

Constitutional Questions Remain

The appeals court decision keeps the preliminary injunction in place while the underlying constitutional case proceeds through the judicial system. The Trump administration argued that military readiness and unit cohesion justified the policy changes, while plaintiffs contended the ban violated equal protection guarantees. The narrowed injunction means the policy remains blocked only for current service members who filed suit, while the military can still enforce the directive for new enlistments. Further appeals to the full D.C. Circuit or Supreme Court remain possible as the case continues.