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Sunday, Feb 01, 2026
Outside the box.
US Supreme Court Allows Enforcement of Trump's Transgender Military Ban
The Supreme Court's decision permits the Trump administration to implement a controversial ban on transgender individuals serving in the military while legal challenges continue.
The U.S. Supreme Court has ruled that the Trump administration can enforce a ban on transgender individuals serving in the military while a legal challenge to the policy unfolds.
The court issued this decision on Tuesday through an unsigned order without providing an explanation, which is customary for emergency rulings.
The ruling has the potential to result in the discharge of thousands of service members.
The three liberal justices on the court—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—expressed their dissent.
Organizations such as Lambda Legal and the Human Rights Campaign Foundation, which represent the challengers in the case, characterized the decision as a significant setback for transgender servicemembers.
The groups stated that the ban represents prejudice rather than military readiness.
Upon taking office, President Trump rolled back an executive order from the Biden administration that permitted transgender individuals to serve openly in the military.
In a subsequent executive order issued on January 27, 2021, Trump declared that individuals diagnosed with gender dysphoria could not serve in the armed forces, citing issues of standards for troop readiness and health constraints.
The Department of Defense commenced implementation of the ban in late February, after estimating that approximately 4,240 service members, or about 0.2% of active duty personnel, were diagnosed with gender dysphoria.
The legal challenge to this policy included seven transgender servicemembers and one aspiring recruit.
The primary plaintiff, Navy pilot Emily Shilling, drew attention to the significant training investments made by the military in her case, estimated at $20 million.
Prior to the Supreme Court's ruling, several lower courts had blocked the enforcement of the ban.
U.S. District Judge Benjamin Settle described the government’s justifications for the ban as unpersuasive.
Another judge, Ana Reyes, found the ban to exhibit “animus and pretext.”
The Trump administration petitioned the Supreme Court for intervention, arguing that the lower courts had overstepped their authority in blocking the ban.
The current ban is more comprehensive than a policy enacted during Trump's first term, which allowed those who had come out prior to the ban to continue their service.
The new restrictions affect nearly all active transgender members of the military.
Plaintiff attorneys argued that allowing the ban to take effect would lead to significant disruption within military units and harm the careers of many skilled service members.
Public opinion appears divided on the issue, with a majority of Americans supporting the inclusion of transgender individuals in military service, according to a recent Gallup poll.
Support is notably higher among Democrats compared to Republicans, with 84% of Democrats favoring such a policy, while only 23% of Republicans do.
The court issued this decision on Tuesday through an unsigned order without providing an explanation, which is customary for emergency rulings.
The ruling has the potential to result in the discharge of thousands of service members.
The three liberal justices on the court—Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson—expressed their dissent.
Organizations such as Lambda Legal and the Human Rights Campaign Foundation, which represent the challengers in the case, characterized the decision as a significant setback for transgender servicemembers.
The groups stated that the ban represents prejudice rather than military readiness.
Upon taking office, President Trump rolled back an executive order from the Biden administration that permitted transgender individuals to serve openly in the military.
In a subsequent executive order issued on January 27, 2021, Trump declared that individuals diagnosed with gender dysphoria could not serve in the armed forces, citing issues of standards for troop readiness and health constraints.
The Department of Defense commenced implementation of the ban in late February, after estimating that approximately 4,240 service members, or about 0.2% of active duty personnel, were diagnosed with gender dysphoria.
The legal challenge to this policy included seven transgender servicemembers and one aspiring recruit.
The primary plaintiff, Navy pilot Emily Shilling, drew attention to the significant training investments made by the military in her case, estimated at $20 million.
Prior to the Supreme Court's ruling, several lower courts had blocked the enforcement of the ban.
U.S. District Judge Benjamin Settle described the government’s justifications for the ban as unpersuasive.
Another judge, Ana Reyes, found the ban to exhibit “animus and pretext.”
The Trump administration petitioned the Supreme Court for intervention, arguing that the lower courts had overstepped their authority in blocking the ban.
The current ban is more comprehensive than a policy enacted during Trump's first term, which allowed those who had come out prior to the ban to continue their service.
The new restrictions affect nearly all active transgender members of the military.
Plaintiff attorneys argued that allowing the ban to take effect would lead to significant disruption within military units and harm the careers of many skilled service members.
Public opinion appears divided on the issue, with a majority of Americans supporting the inclusion of transgender individuals in military service, according to a recent Gallup poll.
Support is notably higher among Democrats compared to Republicans, with 84% of Democrats favoring such a policy, while only 23% of Republicans do.
