Trump Asks US Supreme Court To Uphold Transgender Military Ban

The Trump administration has asked the United States Supreme Court to uphold its ban on transgender people serving in the military, escalating a legal battle that could affect thousands of personnel.

The Justice Department filed its petition on Friday, asking the conservative majority court to overturn a ruling protecting 28 transgender service members from being discharged while their case continues.

Donald Trump has made anti-trans legislation a focus since his return to office.

Trump’s Transgender Military Ban

The case, Talbott v United States, challenges an executive order signed shortly after Donald Trump returned to office in January 2025. It directed the Pentagon to exclude people diagnosed with gender dysphoria or who had undergone gender-affirming medical treatment.

According to CNN, Solicitor General D John Sauer argued the policy concerned the federal government’s authority to determine who may serve in the armed forces. The administration claims it is based on a medical condition rather than transgender identity and should receive significant judicial deference.

However, the US Court of Appeals for the District of Columbia Circuit found in June that the policy appeared motivated by hostility towards transgender people. Judge Robert Wilkins described it as “arbitrary and based upon animus”.

The administration is seeking Supreme Court intervention before the case receives a final judgment at trial.

“The Trump administration wants the Supreme Court to rush in and bless the expulsion of proven, decorated soldiers,” National Center for LGBTQ Rights legal director Shannon Minter said.

Thousands of transgender troops face uncertainty

The latest petition follows a May 2025 Supreme Court decision allowing the Pentagon to enforce the broader ban while separate litigation continued.

Following that ruling, transgender personnel were directed to identify themselves for separation. The US Navy had previously warned transgender sailors and Marines that they could face involuntary discharge if they did not leave voluntarily.

Pentagon figures cited by CNN identify 4,240 active-duty, reserve and National Guard members diagnosed with gender dysphoria, although broader estimates of transgender and non-binary personnel have been considerably higher.

No evidence has established that transgender personnel diminish military readiness. A Pentagon-commissioned RAND Corporation study found that allowing them to serve openly would have a minimal effect on costs and operational capacity.

The Supreme Court temporarily permitted Trump’s policy to proceed last year without ruling on its constitutionality.

If it accepts the new case, arguments could be heard during the term beginning in October, with a decision potentially delivered by mid-2027.