A United States court of appeals has ruled that a policy under President Donald Trump to expel transgender troops from the military was a violation of the Constitution. The decision was a split one among the three-judge panel of the US appeals court for the District of Columbia.
Judge Robert Wilkins, an appointee of former Democratic President Barack Obama, upheld a lower court ruling rejecting the Trump regime's policy as it pertains to already enlisted service members. Writing for the fractured majority, Wilkins stated that Trump's policy violates the "constitutional right to equal protection of the law."
A second judge – Judith Rogers, appointed by former Democratic President Bill Clinton – agreed with his opinion but only in part, feeling it should extend to those who seek to enlist as well. The third judge, Trump appointee Justin Walker, issued a dissent questioning the court's ability to second-guess US military policy.
The case focused on one of the earliest actions Trump took during his second term. On January 27, 2025, Trump issued an executive order titled "Prioritizing Military Excellence and Readiness," denouncing the US armed forces as infiltrated with "radical gender ideology" and describing transgender people as unfit for service.
Wilkins described the policy as blatantly discriminatory, noting that Trump labeled transgender persons as "dishonorable, undisciplined, arrogant, selfish liars." He pointed out that the transgender plaintiffs had a combined 130 years of military service and earned more than 80 commendations.
However, Wilkins stopped short of fully upholding the lower court ruling. He agreed that the Trump regime could not dismiss those already in the military but added that the harm was less for those seeking to enlist. Rogers disagreed with that distinction.
The split decision is unlikely to have an immediate effect on US military policy. The appeals court has stayed the preliminary injunction, and the legal fight continues. Defense Secretary Pete Hegseth signaled an appeal to the Supreme Court, posting "See you at SCOTUS."
Democrats and LGBTQ+ advocates hailed the ruling as a victory against prejudice and discrimination. Representative John Larson stated, "Trump's trans military ban is discrimination — plain and simple."
Source: www.aljazeera.com