High Court Petitioned by Trump: Transgender Military Ban Temporary Enforcement Seek
** Transgender Military Ban on the Table Again: Supreme Court Asked to Weigh In **(Informal, Straightforward Style) **
President Trump's administration is urging the Supreme Court to hear their case on a ban for transgender individuals in the military, while legal disputes unfold. The military's top brass has voiced concerns about maintaining the policy's status quo, as it could hamstring the armed forces for quite some time.
In a filing last Thursday, Solicitor General D. John Sauer outlined the administration's argument, stating that waiting on a court decision would hinder the military's operational readiness.
This move comes hot on the heels of a brief order from a federal appeals court that upheld a court order prohibiting the policy nationwide. Trump's administration responded by asking the court for permission to implement the ban throughout the nation, with the exception of a handful of plaintiffs.
Lawyers representing the service members challenging the ban have been given a week to present their case.
Early in his second term, Trump stepped up his assault on transgender rights by issuing an executive order in January. This order maintained that the sexual identity of transgender service members clashes with the principles of military discipline and honor. According to the order, such identities negatively impact military readiness.
To enforce this policy, Defense Secretary Pete Hegseth issued a new directive in January, barring transgender people from serving in the military. An exception was made for those who began the transitioning process under the previous rules that had been in effect during the Obama administration.
However, U.S. District Judge Benjamin Settle ruled against the administration in March, siding with several long-time transgender military members who argued they faced discrimination as a result of the ban. Settle criticized the ban as unsubstantiated and unfairly biased.
The policy was blocked shortly afterward by a federal appeals court. On Tuesday, the court presented oral arguments in favor of the administration's stance. The three-judge panel consists of judges appointed by Trump himself during his first term.
Transgender personnel make up less than 1% of the military, but thousands serve actively. The policy has also been delayed in Washington, D.C., though a federal judge there has postponed the enforcement due to concerns about long-lasting harm to careers and reputations.
In a more limited decision, a judge in New Jersey has halted the Air Force from discharging two transgender men, maintaining they would face severe consequences that wouldn't be adequately compensated with monetary settlements.
This case represents the latest and most significant push by the Trump administration to restrict transgender rights. Previously, in 2016, a Defense Department policy allowed transgender people to serve openly in the military. During Trump's first term, he called for a ban, with exceptions for those already transitioning under Obama-era rules. The Supreme Court upheld this ban during his first term, but the rules were scrapped entirely by President Biden shortly after taking office.
The latest policy enacted by the Trump administration contains no exceptions for those undergoing medical transitions. In a written response, Sauer stated that the policies during different terms are "materially indistinguishable."
Sherman reports for the Associated Press. AP writer Lindsay Whitehurst contributed to this piece.
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Enrichment Data:
Overall: The Trump administration is advocating for the Supreme Court to lift a nationwide injunction blocking the 2025 transgender military ban. Key aspects and comparisons include:
Case Status:- Urgent filing: On April 24, 2025, the administration submitted an emergency application to the Supreme Court requesting the dissolution of the nationwide injunction imposed by U.S. District Judge Benjamin Settle in March 2025.- Pentagon policy: The February 2025 memo disqualifies individuals with gender dysphoria or those who have undergone gender-related medical interventions, asserting that the military recognizes only male and female genders.- Deadline: The Supreme Court has asked challengers to respond by May 1, 2025, at 5 p.m. EDT.
Policy Differences| Aspect | First Term (2017–2021) | Current Policy (2025) | Biden Era (2021–2025) |
|----------------------|--------------------------------------------------------|-------------------------------------------------------|------------------------------------------------|
| Legal Basis | Supreme Court upheld after appeals under Trump administration | New executive order (Jan. 2025) replacing Biden’s | Biden allowed open service (2021 EO reversal) |
| Scope | Comprehensive ban on transgender service | Focuses on gender dysphoria and medical transitions | No restrictions |
| Rationale | Cited “disruption” concerns | Claims identity conflicts with military values | Emphasized inclusivity |
| Court Response | Upheld after prolonged litigation during the Trump administration | Nationwide injunction imposed by U.S. District Judge Benjamin Settle in March 2025 | N/A (policy repealed) |
The current ban has received increased scrutiny from the judiciary, with Judge Settle rebuking it as an "unsupported, dramatic, and facially unfair exclusionary policy" lacking evidence of harm to military readiness. The administration counters by arguing that the judiciary should defer to the military's assessment of the situation.
- The Trump administration has asked the Supreme Court to weigh in on a case that concerns the nationwide ban on transgender individuals serving in the military.
- Solicitor General D. John Sauer argued in a filing that waiting for a court decision on this case could hinder the military's operational readiness.
- Despite concerns from the military's top brass, the administration contends that its policy, which bars transgender people from serving, is materially indistinguishable from the policy in place during previous terms.
- Lawyers representing the transgender service members challenging the ban have been given a week to present their case against the policy's enforcement.
- The current policy enacted by the Trump administration focuses on individuals with gender dysphoria or those who have undergone gender-related medical interventions, asserting that the military recognizes only male and female genders.
