❓WHAT HAPPENED: A federal appeals court has allowed the Pentagon’s restrictions on military service by transgenders to remain in effect while litigation continues.
👤WHO WAS INVOLVED: War Secretary Pete Hegseth, the Department of War, plaintiffs challenging the policy, and the U.S. Court of Appeals for the D.C. Circuit.
📍WHEN & WHERE: The ruling was issued Tuesday by the D.C. Circuit Court of Appeals, as litigation continues in the Talbott v. United States case.
💬KEY QUOTE: “American Greatness. Military Lethality. Common Sense. And THE LAW.” – Pete Hegseth.
🎯IMPACT: The ruling allows the Pentagon to enforce the transgender ban immediately, affecting thousands of service members and setting the stage for further legal battles.
The U.S. Court of Appeals for the D.C. Circuit has granted the Pentagon’s request for its restrictions on transgender military service to remain in effect while a lawsuit continues. Judges Gregory Katsas and Neomi Rao authored the majority opinion, concluding that the Department of War is likely to succeed on the merits and that the lower court failed to provide appropriate deference to military judgment. War Secretary Pete Hegseth praised the ruling on X, writing, “American Greatness. Military Lethality. Common Sense. And THE LAW.”
He called the decision a “major legal victory” and argued that maintaining strict medical and readiness standards is essential for the armed forces. Hegseth has frequently criticized policies he views as driven by ideology, saying, “No more pronouns. No more climate change obsession. No more dudes in dresses – we’re done with that s**t.”
The decision ensures that the Pentagon will continue enforcing its restrictions while the case, Talbott v. United States, moves forward. The policy aligns with Executive Order 14183, issued in January 2025, which directs the military to bar individuals who identify with a gender different from their biological sex from serving. Following that order, the Pentagon suspended new enlistments for people diagnosed with gender dysphoria and limited access to mutilating “gender-affirming” medical care within the ranks.
Pentagon data from late 2024 indicated that roughly 4,240 active-duty, reserve, and National Guard personnel had been diagnosed with gender dysphoria. About 1,000 have already begun voluntary separation, and officials plan to review medical files to identify others for involuntary discharge once the voluntary window closes. The department has cited studies, including the AMSARA analysis and a 2022 review, reporting higher nondeployability rates and elevated risks of depression, PTSD, and suicidal ideation among transgender service members compared with normal troops.
District Court Judge Ana Reyes previously blocked the restrictions, stating they appeared motivated by disapproval of transgender identity rather than operational necessity. Judge Cornelia Pillard, dissenting in the appeals court decision, similarly claimed that the policy was not supported by evidence and could abruptly end longstanding military careers.
The plaintiffs in Talbott v. United States are evaluating their next steps as the case proceeds in the D.C. Circuit, with the possibility of ultimately going to the Supreme Court.
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