Divided appeals court rules Trump administration's ban on transgender military service is unconstitutional

Updated on: June 1, 2026 / 6:06 PM EDT / CBS News

Divided appeals court rules Trump administration's ban on transgender military service is unconstitutional

TL;DR

  • A divided U.S. Court of Appeals for the D.C. Circuit ruled 2-1 that the Trump administration's policy banning transgender individuals from military service is likely unconstitutional.
  • The majority opinion suggests the ban was motivated by animus toward transgender people and violates the Constitution's equal protection guarantee.
  • A preliminary injunction preventing the removal of active-duty transgender troops remains in place.
  • However, the court allowed the administration to enforce restrictions on transgender individuals seeking to enlist.
  • The dissenting judge, Justin Walker, authored an opinion allowing the enforcement of restrictions on new enlistees.
  • Secretary of Defense Pete Hegseth indicated an intent to appeal the decision to the Supreme Court.