On Thursday, President Donald Trump's administration formally requested the Supreme Court to permit the enforcement of a ban on transgender individuals serving in the military, pending the resolution of ongoing legal challenges. Solicitor General D. John Sauer argued that without an order from the nation’s highest court, the policy could remain unenforced for an extended period, which the military argues undermines its readiness and interests.
Sauer emphasized that the Supreme Court should allow the ban to take effect nationwide, with the exception of the eight military members—seven current service members and one aspiring recruit—who are contesting the ban in court. This legal move follows a temporary order from a federal appeals court that has maintained a nationwide block on the ban, allowing the challenge to continue without immediate enforcement of the policy.
After starting his second term in January, Trump aggressively initiated efforts to undermine the rights of transgender individuals, which included an executive order that controversially stated the gender identity of transgender service members poses a conflict with the military's values of honor, truthfulness, and discipline. This policy was supposed to ensure that military readiness would not be compromised.
Defense Secretary Pete Hegseth subsequently introduced a policy that would presumptively disqualify transgender individuals from military service. Nevertheless, in March, U.S. District Court Judge Benjamin Settle in Tacoma, Washington ruled in favor of several longstanding transgender military members. The judge described the ban as discriminatory and harmful, arguing that the firing of these service members would irreparably damage their careers and reputations. Notably, this ruling did not receive justification from the Trump administration on why a ban became necessary despite no substantive evidence of issues arising from the service of transgender troops over the previous four years.
In 2016, during the presidency of Barack Obama, the Defense Department had introduced a policy allowing transgender individuals to serve openly in the military. However, Trump’s administration moved to reverse this policy in his early tenure, although some exceptions were made for service members who had begun transitioning under the previous regulations. The Supreme Court permitted the enforcement of this ban, which was later rescinded by President Joe Biden when he assumed office, allowing transgender individuals to serve openly again.
The proposed regulations from the Trump administration contain no exceptions for any service members. Sauer claimed that the policies in question from Trump’s first term and the current one are practically the same. Presently, thousands of transgender people are serving in the military, yet they constitute less than 1% of the total active-duty service members. Significant legal challenges against the ban continue, with a federal judge in the nation’s capital blocking the policy, though a federal appeals court has temporarily lifted that block after hearing arguments from a panel including two judges appointed by Trump.
Additionally, in a narrower ruling, a New Jersey judge has prevented the Air Force from discharging two transgender men, asserting that their removal would lead to lasting harm to their careers and reputations that could not be compensated through monetary means. Legal and judicial scrutiny regarding the ban continues as the situation develops.
