The Trump administration has asked the Supreme Court to permit the Pentagon to enforce a ban on transgender individuals serving in the military. The request follows a decision by the U.S. Court of Appeals for the D.C. Circuit that blocked the Pentagon from expelling transgender service members.
Solicitor General D. John Sauer, writing to the justices, stated that if the appeals court's decision is allowed to stand, it would constitute an "unprecedented intervention into military affairs." The administration is seeking a ruling from the Supreme Court on the constitutionality of the ban and a reversal of the lower court's decision.
President Trump signed an executive order shortly after taking office that banned transgender people from the armed services, with the stated rationale that their presence harms military readiness. In response, then-Secretary of Defense Pete Hegseth issued a policy that would disqualify individuals with gender dysphoria from enlisting and encouraged transgender service members to leave voluntarily or face dismissal.
In June, a panel on the appeals court ruled 2-1, largely upholding a prior lower court ruling that found Trump's executive order potentially violated the constitutional rights of transgender individuals. However, the appeals court's ruling specifically applied only to the transgender plaintiffs involved in that case and did not affect those seeking to join the military.
Sauer argued that the appeals court's holding was "gravely erroneous" and warrants review by the Supreme Court, emphasizing that the military's authority to determine who can serve is a matter of significant importance. He further stated that the issue of whether the Constitution prohibits the military from exercising this authority through policies like the one in question is a recurring one that requires the Court's review to resolve.
The Supreme Court is expected to consider whether to take up the case upon returning from its summer recess. Lawyers representing the plaintiffs have argued against immediate Supreme Court intervention, suggesting the case should continue through the lower court system first. Shannon Minter, legal director for the National Center for LGBTQ Rights, stated that the Trump administration is attempting to expedite a policy that multiple courts have found to be driven by prejudice rather than military necessity. He added that the administration is needlessly pursuing policies that could cause irreparable harm to service members and their families and urged the Court to deny the request.