In a highly controversial move, the U.S. Supreme Court has granted former President Donald Trump the green light to enforce his ban on transgender individuals serving in the military. The ruling allows the military to discharge current transgender service members and deny entry to new recruits while ongoing lawsuits continue in lower courts.
This decision marks a major shift in military policy, effectively rolling back the inclusive measures put in place under former President Joe Biden, who had overturned Trump’s earlier restrictions. Biden’s administration had championed open service for transgender troops, emphasizing that every qualified American deserves the opportunity to serve their country proudly and openly.
The Supreme Court’s order—issued without a signed opinion, as is typical for emergency actions—granted the Justice Department’s request to lift a nationwide injunction placed by U.S. District Judge Benjamin Settle. The judge had previously blocked the ban, arguing it likely violated the Fifth Amendment’s equal protection clause.
The decision was not unanimous. The court’s three liberal justices—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—voiced strong dissents, warning of the dangerous precedent set by allowing what they view as a discriminatory policy to move forward without a final ruling on its constitutionality.
Trump’s executive order, signed shortly after his return to office in January 2025, revived his earlier stance by barring individuals with gender dysphoria or those who have undergone gender transition from serving in the military—unless granted a special waiver. His administration framed the policy as a measure to ensure “military readiness and lethality,” but critics argue it is a thinly veiled attack on LGBTQ+ rights.
LGBTQ+ advocacy groups, including Lambda Legal and the Human Rights Campaign, condemned the court’s decision, calling it a devastating blow to thousands of patriotic transgender service members. “This policy has nothing to do with readiness and everything to do with discrimination,” the groups stated.
The Pentagon has already begun implementing Trump’s directive, issuing guidance to disqualify transgender individuals unless their service is deemed critical to military operations. Meanwhile, advocacy groups estimate that over 4,000 transgender troops currently serve in the U.S. military—though the actual number could be higher.
Adding fuel to the fire, the White House’s current messaging echoes Trump’s focus on dismantling what it calls “woke ideology” within the armed forces. White House Press Secretary Karoline Leavitt hailed the decision as a victory, stating that the administration is “restoring a military that prioritizes strength over social experimentation.”
The controversy is part of a broader political clash over transgender rights in America. Trump has signed multiple executive orders targeting LGBTQ+ communities since his return to office, including limiting federal support for gender-affirming healthcare and seeking to bar transgender women from participating in female sports.
The legal battle over this issue is far from over. Lower courts will continue to hear the challenges, and the Supreme Court may revisit the case. A separate, high-stakes case involving a Tennessee law that bans gender-affirming care for minors is also awaiting a final decision by the end of June.
As the legal and cultural debates rage on, one thing remains clear: the fight over transgender rights in the military—and beyond—is far from settled.
