Overview
- A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled Monday that the administration likely violated equal-protection principles and enjoined the Pentagon from removing the 28 named plaintiffs from service.
- The court limited relief to the current plaintiffs, allowing the military to continue excluding new transgender recruits while the case moves forward in lower courts.
- Judge Robert Wilkins wrote for the majority that the policy reflected animus against transgender people and lacked factual support, citing the plaintiffs’ records of service and commendations.
- Judge Justin Walker dissented, arguing courts lack the expertise and constitutional authority to set military personnel standards, and the Department of Defense has said the government will seek further review up to the Supreme Court.
- The ruling comes against a backdrop of estimates that roughly 4,200 service members are transgender and that about 1,000 had begun separation processes, a dynamic that advocates say has already cost the military experienced personnel and could raise readiness and replacement costs if the policy is enforced.