A federal appeals court has barred the Trump administration from removing a group of active transgender servicemembers from the U.S. military while allowing the Pentagon to continue restricting new transgender recruits from enlisting.
In a 2-1 decision issued Monday, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit largely upheld a lower court injunction protecting dozens of currently serving transgender plaintiffs from discharge as their lawsuit proceeds.
The panel found that the administration's policy, which limits military service by people diagnosed with gender dysphoria, is likely unconstitutional and appears to target individuals based on gender identity rather than military fitness, according to ABC News.
However, the judges narrowed the scope of the injunction, so it applies only to the named active-duty plaintiffs and not to all transgender troops across the force.
At the same time, the court declined to block provisions of the policy that prevent most new transgender applicants from joining the military.
The ruling means the Pentagon can continue enforcing enlistment restrictions that bar prospective recruits who are transgender or diagnosed with gender dysphoria, while the case returns to the district court for further proceedings on the merits.
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The panel said would-be recruits could seek relief later, while active servicemembers face immediate and irreparable harm if removed from duty.
The lawsuit challenges a Trump-era directive that reversed earlier Pentagon rules allowing transgender Americans to serve openly, transition while in uniform, and change their gender marker in military records if they met all other standards.
Plaintiffs argued that the newer policy amounted to an effective ban, forcing many transgender troops to choose between their medical care and their careers, NPR reported.
The appeals court majority agreed that the policy was designed to exclude a politically vulnerable group from service without adequate evidence that their presence harms readiness.
The ruling does not immediately change the status of transgender individuals who are not parties to the lawsuit, nor does it restore open enlistment for transgender recruits.
The decision has been temporarily stayed to give the administration time to request review by the full D.C. Circuit or the U.S. Supreme Court, leaving the broader future of transgender military service unresolved. Defense officials have not yet announced whether they will revise the policy or continue defending it in court, as per the Los Angeles Times.
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