Supreme Court Allows Trump's Trans Military Ban to Take Effect
Only three justices dissented from decision that puts thousands of service members at risk
In the latest federal blow to transgender rights, the Supreme Court has cleared the way for the Trump administration to implement its ban on transgender military service while legal challenges continue.
The ban, which brands transgender individuals as inherently "dishonorable" and "undisciplined" based solely on their gender identity, can now take immediate effect despite lower courts having found it likely unconstitutional.
Only three justices — Kagan, Jackson and Sotomayor — dissented from the decision.
Michigan Attorney General Dana Nessel recently joined a coalition of 20 state attorneys general in filing an amicus brief supporting a lawsuit to block the implementation of President Trump's executive order. The brief argues the ban violates the Fifth Amendment, harms national security and discriminates against transgender service members.
"Everyone who puts on a uniform to protect our country deserves our respect and the opportunity to serve," Nessel wrote in a statement about the coaltion. "This type of discrimination threatens the well-being of all Americans, and I proudly join my colleagues in standing with transgender military members against yet another dangerous and illegal Trump executive order."
The coalition's brief notes that transgender individuals are about twice as likely as cisgender individuals to have served in the military, with a 2014 study finding approximately 150,000 veterans, active-duty service members and National Guard members who identify as transgender.
U.S. Ninth District Judge Ana Reyes had previously described the policy as "soaked with animus" in a separate case, noting it makes unfounded claims without supporting evidence. “Neither document contains any analysis nor cites any data,” Reyes wrote. “They pronounce that transgender persons are not honorable, truthful or disciplined — but Defense counsel concedes that these assertions are pure conjecture…. Its language is unabashedly demeaning, its policy stigmatizes transgender persons as inherently unfit, and its conclusions bear no relation to fact… Thus, even if the Court analyzed the Military Ban under rational basis review, it would fail.”
SPARTA, a transgender military advocacy organization, estimates removing 15,000 transgender service members would cost $18 billion in lost investment, with an additional $1 billion needed to recruit replacements.
The Supreme Court has allowed the transgender military ban to take effect while legal challenges continue. The Ninth Circuit must now determine if separating trans service members is constitutional, while the D.C. Circuit's stay permits the policy's implementation despite Judge Reyes's earlier ruling. Though individual appeals remain technically possible, they face steep odds following the Court's decision. The immediate reality is stark: the ban can now be enforced, and transgender military personnel will soon face discharge proceedings.
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