The Trump administration filed a petition with the Supreme Court on Friday, requesting that the Pentagon be allowed to enforce a ban on transgender individuals serving in the U.S. military. The filing seeks to reverse a lower court ruling that prevented the administration from discharging transgender service members currently in the armed forces.
The legal challenge follows an executive order issued by President Trump shortly after his return to the White House. The administration argues the ban is necessary for military readiness and unit cohesion. In response to the directive, Defense Secretary Pete Hegseth signed a memorandum in February 2025 stating that transgender service members would be removed within 60 days unless they received a specific waiver related to warfighting capabilities.
In June, a divided panel for the U.S. Circuit Court of Appeals for the District of Columbia blocked the enforcement of the ban for active-duty members who brought the suit, though it did not apply to new recruits. U.S. Circuit Judge Robert Wilkins wrote for the 2-1 majority that the policy appeared motivated by a "bare desire to harm a politically unpopular group." In a dissenting opinion, U.S. Circuit Judge Justin Walker stated that the judiciary should defer to military leadership.
Solicitor John D. Sauer argued in the petition that the appeals court reached a "gravely erroneous holding" on a matter of "exceptional importance." Sauer stated that the Constitution does not prohibit the military from exercising authority over its own composition. The Supreme Court previously allowed a temporary lifting of a nationwide injunction in a separate case in May 2025, which permitted the policy to proceed at that time.
On a broader scale, the decision will clarify the extent of executive and military authority to set personnel standards versus the constitutional requirements for equal protection under the law. A ruling in favor of the administration would establish a precedent that the military can exclude specific groups based on the commander-in-chief's assessment of "warrior ethos" and unit cohesion. Conversely, a ruling upholding the appeals court decision would reinforce that military personnel policies remain subject to constitutional scrutiny regarding discrimination.
The next steps for this case involve the Supreme Court's review of the petition, which is expected during a closed-door meeting following the court's summer recess. Lawyers for the plaintiffs have urged the justices to reject the request, noting that a full trial on the merits of the case is already scheduled for January. Parallel litigation involving seven openly transgender service members is also currently pending at the 9th U.S. Circuit Court of Appeals.