The Supreme Court on Monday allowed the Trump administration to move forward, at least temporarily, with its ban on transgender individuals serving in the U.S. military — a deeply controversial policy that has sparked outrage from civil rights advocates and military veterans alike.
The high court issued a brief order permitting the administration to enforce its executive order, which effectively bars most transgender Americans from military service, while lower court litigation continues. The court’s three liberal justices — Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson — all dissented from the ruling.
The Trump administration’s legal argument centers on the claim that individuals with gender dysphoria, or those who have received medical treatment for it, pose a threat to military “effectiveness and lethality.” That language, used by Trump’s Solicitor General D. John Sauer in a filing to the court, has drawn harsh criticism from LGBTQ+ advocates and medical experts who say the assertion is not supported by evidence.
“This policy does not reflect military readiness; it reflects a political agenda,” said Shannon Minter, legal director for the National Center for Lesbian Rights. “Trans people have served honorably in every branch of the military. To imply they are less capable solely because of their identity is not just wrong — it’s dangerous.”
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The ban is currently under legal review. In March, U.S. District Judge Benjamin Settle — a George W. Bush appointee — issued a nationwide injunction halting enforcement of the ban. In his ruling, Judge Settle wrote that there was “no claim and no evidence” that the lead plaintiff in the case was “a detriment to her unit’s cohesion, or to the military’s lethality or readiness, or that she is mentally or physically unable to continue her service.”
Despite that ruling, Monday’s decision by the Supreme Court now allows the administration to enforce the ban while the legal process plays out, raising fears of immediate repercussions for currently serving transgender personnel and those seeking to enlist.
The Trump administration has defended the policy as necessary to maintain a “focused and effective” fighting force. But critics say it’s part of a broader political campaign to marginalize transgender people, not a legitimate defense policy.
“This ban is not about national security,” said Rep. Mark Takano (D-Calif.), the first openly gay person of color elected to Congress. “It’s about discrimination, plain and simple. Transgender service members are patriots who volunteered to serve their country. This decision disrespects their courage and sacrifice.”
The Department of Defense estimates that approximately 15,000 transgender individuals currently serve in the military. Many of them came out publicly after the Obama administration lifted the longstanding ban on transgender service in 2016. Those who transitioned while serving were allowed to continue under previous policy — a stance the Trump administration reversed on his first day back in office.
“This is not about readiness,” said retired Army Staff Sgt. Patricia King, a transgender veteran. “I was never a problem when I was in uniform. No one ever questioned my ability to do my job. This is about politics, not performance.”
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The Supreme Court’s decision does not end the legal battle, but it delivers a significant symbolic and practical victory to the Trump administration, allowing them to enforce a deeply controversial policy while it faces legal scrutiny.
For now, transgender Americans who want to serve their country face renewed uncertainty — and the knowledge that their own government has, once again, labeled them a problem.
