The Trump administration has asked the Supreme Court to uphold its ban on transgender troops serving in the military, appealing a lower court ruling that has, for now, blocked enforcement against service members already in uniform.
Vin Testa waves a LGBTQ pride flag in front of the Supreme Court building on June 26, 2023 in Washington, DC.Getty Images
The petition targets a June decision by the D.C. Circuit Court of Appeals finding the ban probably violates the constitutional rights of transgender troops already serving. The decision claimed that the ban "appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender." That ruling barred the Pentagon from enforcing the policy against those specific plaintiffs while their case works through the courts. The administration maintains the policy regulates a medical condition - gender dysphoria - rather than transgender status, and therefore needs only a rational connection to military readiness to survive review.
The June ruling was 2-1 and split the baby: it blocked the Pentagon from discharging the currently serving plaintiffs while leaving the ban on new transgender recruits fully in place. Judges Robert Wilkins (an Obama appointee) and Judith Rogers (a Clinton appointee) formed the majority. Judge Justin Walker, a Trump appointee and the panel's lone Republican nominee, d
