Supreme Court Greenlights Trump’s Transgender Military Ban Amid Legal Battles
The US Supreme Court has cleared a path for the Trump administration to enforce a contentious ban on transgender individuals serving in the military.
The decision, issued on May 6, 2025, lifts injunctions from lower courts. It allows the military to begin discharging transgender troops and rejecting new recruits.
This ruling has ignited fierce debate, with critics calling it discriminatory and supporters arguing it strengthens military readiness.
A Policy Rooted in Controversy
In January 2025, President Donald Trump, newly returned to the White House, signed an executive order titled “Prioritizing Military Excellence and Readiness”.
The order reversed a Biden-era policy that permitted transgender individuals to serve openly.
It aimed to prohibit transgender people from enlisting and required the removal of current transgender service members.
The executive order stated that “the pursuit of military excellence” was being “diluted” by accommodating “political agendas or other ideologies.”
It further argued that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.”
This language became a focal point for critics who saw it as demeaning.
A week later, Trump issued a second order reinforcing the ban, prompting the Defense Department to implement new guidelines in February 2025.
These guidelines generally disqualify individuals with a history of gender dysphoria or those who have undergone medical interventions for gender dysphoria, though case-by-case waivers are possible for roles supporting “warfighting capabilities”.
Legal Battles Erupt
The policy faced swift legal challenges. Two prominent LGBTQ+ organizations—LGBTQ Legal Advocates & Defenders and the National Center for Lesbian Rights—filed a lawsuit on behalf of six active-duty transgender service members and two transgender individuals seeking to enlist.
They argued the ban reflected “animosity toward transgender people because of their transgender status” and violated constitutional equal protection guarantees.
In March 2025, US District Judge Ana Reyes in Washington, D.C., blocked the order.
She ruled that it discriminated based on transgender status and sex, violating the Fifth Amendment’s equal protection clause.
Reyes called the ban’s language “unabashedly demeaning” and said it stigmatized transgender individuals as unfit for service.
She noted the government could have balanced military needs with equal protection but failed to do so.
A separate lawsuit in Washington state, filed by seven active-duty transgender troops, a transgender man seeking to enlist, and a civil rights group, led to another injunction.
US District Judge Benjamin Settle, a former Army captain, found the ban likely unconstitutional, citing a lack of evidence that transgender troops harmed military effectiveness.
Supreme Court Steps In
On May 6, 2025, the Supreme Court granted the administration’s request to lift the nationwide injunctions.
The ruling allows the military to discharge approximately 4,200 transgender service members, who represent about 0.2% of the total force.
It also permits the rejection of new transgender recruits, pending further legal proceedings.
Impact on Transgender Troops
The ban’s implementation could disrupt the lives of thousands of transgender service members.
These individuals, who have served openly since the Biden administration’s 2021 policy change, now face potential discharge.
The policy allows waivers for those whose service directly supports combat roles, but the criteria remain vague, leaving many in limbo.
This is not the first time the Supreme Court has addressed transgender military service.
In 2019, during Trump’s first term, the court allowed a similar ban to take effect while legal challenges continued.
That policy was later repealed by Biden, highlighting the policy’s back-and-forth nature.
Outcry from Advocates
LGBTQ+ organizations have condemned the ruling. Lambda Legal and the Human Rights Campaign Foundation called it “a devastating blow to transgender servicemembers”.
They argued the ban is rooted in prejudice, not military necessity.
“By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice,” the groups stated.
“Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.”
Advocates also cited studies, including Defense Department research, showing no negative impact from transgender service.
They noted that transgender troops served effectively during the Biden administration, undermining claims of reduced readiness.
| Aspect | Details |
|---|---|
| Date of Supreme Court Ruling | May 6, 2025 |
| Executive Order Date | January 20, 2025 |
| Number of Affected Troops | Approximately 4,200 (0.2% of military) |
| Dissenting Justices | Sonia Sotomayor, Elena Kagan, Ketanji Brown Jackson |
| Lower Court Blocks | US District Judges Ana Reyes (D.C.) and Benjamin Settle (Washington state) |
| LGBTQ+ Organizations | Lambda Legal, Human Rights Campaign Foundation, and others |
| Policy Scope | Bans enlistment and requires discharge, with possible waivers |
Broader Context
The Supreme Court’s decision aligns with other Trump administration actions targeting transgender rights.
In January 2025, Trump signed orders recognizing only two sexes. These moves have drawn criticism for eroding transgender protections.
The court is also set to rule by June 2025 on a Tennessee law banning gender-affirming care for transgender minors, following arguments in December 2024.
This case could further shape transgender rights in the US.
The Path Forward
The Supreme Court’s ruling is not a final verdict on the ban’s constitutionality.
Legal challenges will proceed in lower courts, with plaintiffs arguing the policy violates equal protection principles.
The case may return to the Supreme Court, potentially leading to a definitive ruling.
For now, transgender service members face uncertainty. Critics argue the ban wastes resources and undermines morale by targeting qualified individuals.
Supporters, including the administration, maintain it ensures military cohesion, though they have provided little evidence to support this claim.
A National Divide
The decision has reignited debates over transgender rights and military service.
It reflects broader cultural and political divides in the US, with transgender issues at the forefront.
As legal battles continue, the outcome will likely influence not only military policy but also the broader fight for LGBTQ+ equality.
For those affected, support is available. The LGBT National Hotline offers confidential assistance at 888-843-4564, Monday to Friday from 4 p.m. to 12 a.m. ET and Saturdays from 12 p.m. to 5 p.m. ET.
