A divided US Supreme Court on Tuesday (May 6) allowed President Donald Trump’s ban on transgender individuals serving in the military to take effect, putting thousands of active-duty troops at risk of removal. The court’s decision stays a lower court’s preliminary injunction that had previously blocked the ban while legal battles proceed.
The court’s three liberal justices—Sotomayor, Kagan, and Jackson—dissented from the decision, which marks a major victory for Trump as he advances a broader rollback of transgender rights during his second term.
Trump: ‘False gender identity’ unfit for military
In a January 27 executive order, Trump claimed that expressing a gender identity divergent from one’s biological sex disqualifies a person from military service.
“Expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service,” Trump stated in the order.
Shortly after, the Pentagon issued a memo reinforcing the ban, indicating that transgender personnel could be discharged unless granted a waiver. The policy also blocks new transgender recruits from joining the military.
Pentagon memo targets those with gender dysphoria
According to a senior defense official, as of late last year, 4,240 service members had been diagnosed with gender dysphoria. The Pentagon’s memo focuses on this group, including those with a history of the condition or related symptoms. The policy allows for exceptions only through case-by-case waivers, effectively narrowing the path for transgender individuals to serve.
Policy shifts with changing administrations
The legal and political landscape around transgender military service has been volatile over the past decade. The ban was initially lifted in 2016 under President Barack Obama, who allowed transgender troops to serve openly and set a timeline to begin accepting transgender recruits.
However, the Trump administration delayed that plan before reversing it altogether. After multiple legal challenges and policy rewrites, Trump’s version of the ban eventually went into effect in April 2019.
President Joe Biden reversed the ban shortly after taking office in 2021, restoring open service for transgender troops. But following his re-election, Trump reinstated the ban, fulfilling a campaign promise to restrict transgender rights across federal institutions.
Broader culture war over transgender rights
Transgender issues remain a flashpoint in US politics, with red and blue states sharply divided on related policies. From gender-affirming medical care to book bans in schools, the political debate has intensified in recent years.
Trump’s return to the White House has seen a renewed push to limit transgender rights in the military and beyond.
“We must ensure our military is focused on readiness and not social experimentation,” Trump said during a rally earlier this year.
The Supreme Court’s latest move does not end the legal battle over the ban, but it allows the controversial policy to be implemented while the case proceeds through lower courts.
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