Written By: Chloe Cramer
On May 6, 2025, the U.S. Supreme Court granted the Trump administration’s request to enforce a Department of Defense policy banning transgender individuals from serving in the military, lifting a nationwide injunction that had temporarily blocked the policy. The court did not provide any explanation for the decision, but the order noted that the three liberal justices, Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson, dissented. The ban takes effect while legal challenges continue in lower courts.
Background and Policy Details
Transgender troops were first allowed to serve openly in 2016 under President Obama, following a Defense Department policy change. In 2019, a 5-4 ruling allowed a similar Trump policy to take effect, though it was reversed by President Biden in 2021.
On January 20 of 2025, President Donald Trump revoked Biden’s order and issued another order requiring Secretary of Defense Pete Hegseth to put into effect a military ban on “individuals with gender dysphoria.” This current policy is more expansive than the 2019 policy, with no exceptions for current service members. The current policy mandates the identification and removal of transgender service members, applying to new recruits and active-duty members, within 60 days.
The Department of Defense issued the ban on February 26, which generally disqualifies anyone who either has gender dysphoria or has undergone medical interventions to treat gender dysphoria from serving in the military. The department stated that “the medical, surgical, and mental health constraints on individuals who have a current diagnosis or history of, or exhibit symptoms with, gender dysphoria are incompatible with the high mental and physical standards necessary for military service.” The Pentagon cited a report from Trump’s first term asserting that individuals with gender dysphoria threaten “military effectiveness and lethality.” Additionally, Solicitor General D. John Sauer told the court that a Defense Department study said troops with gender dysphoria are more likely to be “non-deployable” for significant periods of time and may need costly medical care.
Legal Challenges and Court Rulings
The ban faced immediate legal challenges. Lambda Legal and the Human Rights Campaign Foundation, two groups representing the plaintiffs, said in a joint statement that the Supreme Court decision was a “devastating blow” to transgender service members, claiming that the policy “has nothing to do with military readiness and everything to do with prejudice.” The lead plaintiff, Commander Emily Shilling, who has been a naval aviator for nearly two decades, argued that the policy violates the Constitution’s Equal Protection Clause under the 14th Amendment. The challengers contend that the ban is motivated by bias against transgender people and lacks evidence to support claims of reduced military readiness and that transgender service members are a threat to national security. To support their argument, the plaintiffs cited four years of successful service by transgender troops under Biden’s policy.
On March 27, 2025, U.S. District Judge Benjamin Settle, a former Army captain in Tacoma, Washington, issued a nationwide preliminary injunction blocking the ban, calling the policy a “de facto blanket prohibition on transgender service”. The U.S. Court of Appeals for the 9th Circuit declined to stay Settle’s ruling while the government’s appeal went forward which prompted the Trump administration to appeal to the Supreme Court.
U.S. District Judge Ana C. Reyes in Washington, D.C., temporarily blocked the policy in March 2025, arguing it undermines national security and is likely unconstitutional. Her ruling was temporarily blocked in an administrative order by the U.S. Court of Appeals for the D.C. Circuit. Additionally, a New Jersey federal judge barred the Air Force from discharging two transgender men, citing irreparable harm to their careers and reputations that no monetary settlement could repair.
Solicitor General D. John Sauer, representing the Trump administration, argued that courts must show “substantial deference” to the Defense Department’s judgment on military matters. The Supreme Court’s May 6 order stayed Settle’s injunction pending the 9th Circuit’s appeal and any subsequent Supreme Court review, signaling potential support for the administration’s position (Supreme Court Order, 2025).
Future Outlook
Legal challenges to the ban will continue in the 9th Circuit and potentially return to the Supreme Court for a definitive ruling on its constitutionality. The court’s emergency docket has seen increased activity since Trump’s return to office, with the court siding with Trump in some of his emergency orders, but siding against the administration in others. The decision to allow the ban to proceed suggests the court may lean toward upholding it, though the underlying legal questions remain unresolved.
Sources:
Lolita Baldor, Up to 1,000 transgender troops being separated under new Pentagon memo, Military Times (May 8, 2025), https://www.militarytimes.com/news/your-military/2025/05/08/up-to-1000-transgender-troops-being-separated-under-new-pentagon-memo/.
Lawrence Hurley, Supreme Court allows Trump to implement transgender military ban, NBC News (May 6, 2025), https://www.nbcnews.com/politics/supreme-court/supreme-court-allows-trump-implement-transgender-military-ban-rcna204135.
Christina Gatti, Supreme Court upholds Trump’s ban on transgender military members while appeals continue, NPR (May 6, 2025), https://www.npr.org/2025/05/06/nx-s1-5388507/supreme-court-transgender-military.
Amy Howe, Supreme Court allows Trump to ban transgender people from military, SCOTUSblog (May 6, 2025), https://www.scotusblog.com/2025/05/supreme-court-allows-trump-to-ban-transgender-people-from-military/.
Miscellaneous Order (05/06/2025), (May 6, 2025), https://www.supremecourt.gov/orders/courtorders/050625zr_6j37.pdf.
The White House, Prioritizing Military Excellence and Readiness, (Jan. 28, 2025), https://www.whitehouse.gov/presidential-actions/2025/01/prioritizing-military-excellence-and-readiness/.
David G. Savage, Supreme Court allows Trump’s ban on transgender troops, LA Times (May 6, 2025), https://www.latimes.com/politics/story/2025-05-06/supreme-court-upholds-trumps-ban-on-transgender-troops