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A federal appeals court on Monday largely upheld a lower court ruling blocking the Trump administration from removing transgender service members from the military, while allowing the administration to continue enforcing its policy against new recruits.
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The lawsuit was filed by a group of transgender active-duty service members and prospective recruits challenging an executive order signed by President Donald Trump and a subsequent Pentagon policy issued by Defense Secretary Pete Hegseth.
The court expressed skepticism about the policy’s legality and allowed the injunction to remain in effect while the case proceeds.
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There are approximately 4,200 transgender service members in the U.S. military, according to the Department of Defense.
The ruling is not a final decision. Instead, it determines what parts of the policy can remain in effect while the lawsuit continues in the lower court.
“This is a huge relief for these service members and their families,” said Shannon Minter, an attorney representing lead plaintiff Lt. Nicholas Talbott. “We expect the government to seek a stay of this ruling; however, we will do everything we can to explain to the Supreme Court why it should allow this decision to stand while the case proceeds.”
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The case could ultimately reach the Supreme Court.