The Trump administration has formally asked the Supreme Court to uphold its policy banning transgender Americans from serving in the military, marking the latest significant case involving transgender rights to reach the conservative-leaning court. The appeal comes after a federal court in Washington, DC, ruled in favor of a group of transgender individuals who were already serving in the armed forces.
Days after taking office last year, President Donald Trump signed an executive order directing the Pentagon to ban transgender service members, declaring their service incompatible with military requirements. The administration is now seeking to overturn the lower court's decision, which had blocked the enforcement of the ban for the plaintiffs.
Solicitor General Argues Military Authority
US Solicitor General D. John Sauer told the Supreme Court that "the authority of the US military to determine who may serve in the nation's armed forces is a matter of exceptional importance," according to a copy of the appeal reviewed by CNN that has not yet been publicly docketed. The administration's filing emphasizes the military's prerogative to set its own standards for service.
The Supreme Court will likely decide this fall whether to hear arguments in the case. If it agrees to do so, a decision may land early next summer, setting the stage for a major ruling on transgender rights in the military.
Number of Transgender Service Members
Defense officials have said there are 4,240 service members across active-duty, reserve, and National Guard ranks with a diagnosis of gender dysphoria, defined as the psychological distress an individual feels when their gender identity differs from their gender at birth. Not every transgender individual has gender dysphoria, the officials noted.
Transgender Americans have faced a series of significant setbacks at the 6-3 conservative Supreme Court. Earlier this year, a 6-3 majority upheld state bans on transgender students playing on girls' sports teams. Last year, in another 6-3 ruling, the court let stand a Tennessee law that banned puberty blockers and hormone therapy for minors seeking to transition to match their gender identity.
Trump's Campaign and Prior Policies
Trump campaigned aggressively against transgender Americans in 2024 and implemented several policies once in office intended to roll back gains made by transgender people in recent years. The president also banned transgender Americans from joining the military during his first term, but former President Joe Biden repealed that policy in 2021.
Trump's current policy reached the Supreme Court last year in an emergency case, in which the court allowed the president to enforce the ban. As is often the case in emergency rulings, the court did not explain its reasoning. The three liberal justices publicly dissented from the decision, but also did not explain their position.
Lower Court Rulings and Impact
Since that emergency ruling, lower courts have issued new rulings limiting the policy. A divided three-judge panel of the US Court of Appeals for the DC Circuit in June upheld a block on the policy for 28 service members who sued. Advocates say that the administration has been aggressively pursuing separation of other transgender service members.
The Supreme Court's decision on whether to hear the case will determine the fate of transgender service members currently in the military and could set a precedent for future policies regarding transgender Americans in the armed forces.
