WASHINGTON, D.C. – The U.S. Supreme Court on Tuesday ruled 6–3 to allow the Trump administration’s ban on transgender individuals serving in the military to take effect, reversing a nationwide injunction issued by a lower court. The decision means the Department of Defense can now implement the controversial policy while litigation continues in the lower courts.
The ban stems from a pair of executive orders signed earlier this year by former President Donald Trump shortly after taking office. One of them, titled “Prioritizing Military Excellence and Readiness,” directs the military to enforce policies aligned strictly with biological sex, effectively barring most transgender individuals from enlisting or continuing their service unless they meet limited exceptions. The orders also prohibit accommodations for gender-based pronoun usage and restrict access to facilities that do not match a service member’s birth sex.
Earlier this year, U.S. District Judge Benjamin Settle in Washington State issued a preliminary injunction blocking the policy nationwide, citing insufficient justification from the Department of Justice. The Trump administration appealed the ruling to the D.C. Circuit and Ninth Circuit Courts of Appeals, which denied a stay. The Supreme Court’s decision now overrides those denials, granting the administration’s request to enforce the policy pending appeal.
The impact of the ruling could be significant. Advocacy groups estimate that thousands of transgender service members, many of whom came out under more inclusive policies adopted in prior administrations, could now face discharge or denial of re-enlistment. Critics of the ban argue it is not rooted in military readiness or cost but rather represents a discriminatory rollback of civil rights.
Under current guidance, there is no “grandfather” provision for those who have already come out, meaning those individuals are subject to removal unless granted an exemption.
The Supreme Court issued its order without a written explanation, a common practice in emergency applications where the justices decide procedural matters outside the Court’s regular docket. In this case, the Court’s conservative majority granted the Trump administration’s request to lift a lower court injunction, allowing the transgender military ban to take effect while litigation continues. Justices Sotomayor, Kagan, and Jackson publicly dissented, but did not file a written opinion detailing their reasoning.
The case is expected to continue in the Ninth Circuit Court of Appeals. For now, however, the military is permitted to enforce the Trump administration’s transgender service restrictions.
