Following the Supreme Court’s ruling today, the Trump administration’s transgender military ban will remain in place and can be enforced while litigation continues in the lower courts.
Courthouse News: Supreme Court says transgender troops can be booted from military, handing win to Trump (archive) (2025-05-06):
Transgender Americans can be banned from military service, the Supreme Court ruled Tuesday, allowing the Trump administration to expel thousands of active-duty troops.
In a short order, the justices cleared the way for the White House to begin enforcing its prohibition on transgender service members. The court did not explain its order.
Justices Sonia Sotomayor, Elena Kagan, and Ketanji Brown Jackson dissented.
President Donald Trump signed an executive order in January declaring transgender Americans unfit for duty, stating that honoring the “falsehood” of their chosen gender identity was “not consistent with the humility and selflessness required of a service member.”
Washington Post: Supreme Court allows military to ban transgender troops while case continues (archive) (2025-05-26):
The case now goes back to the U.S. Court of Appeals for the 9th Circuit, which will hear the Trump administration’s appeal of the lower court’s ruling.
The Pentagon, which issued a new policy based on Trump’s order in February, ordered each branch to identify service members with gender dysphoria within 30 days and to begin removing them from the service within 30 days after that. The order allows exceptions for troops directly supporting “warfighting capabilities.”
Troops that obtain a waiver to stay in the military will face additional restrictions, including not being able to access changing rooms, bathrooms and showers for people of the sex they transitioned to. They will also have to meet the physical standards associated with their birth sex.
Chris Geidner: Breaking: Supreme Court allows Trump’s anti-trans military ban to go into effect (archive) (2025-05-06):
While there will now be some legal complications given the procedural posture in Talbott — the D.C. Circuit’s administrative stay of Reyes’s ruling remains in effect and the motions panel heard arguments over the stay pending appeal request last month but has not yet issued a ruling — the Supreme Court’s message is clear that the ban will go into effect.
First, procedurally, there is no bar to the Defense Department’s implementation of the anti-trans ban. Second, the D.C. Circuit is almost certain to either go along with the Supreme Court’s order and issue a similar order in Talbott or ask for follow-up briefing from the parties on the effect of Tuesday’s order.
Eventually then, the Ninth Circuit and D.C. Circuit will consider the merits of the government’s appeal and the losing party there can appeal to the Supreme Court — but the ban will remain in effect during that entire time.
As such, trans people will be kicked out of the military and lose their career during that time only because they are trans and the Trump administration has decided — as has happened many times with other groups throughout our history — that such status is “incompatible” with military service.
Lambda Legal and Human Rights Campaign Foundation: Statement (archive) (2025-05-06):
Today’s Supreme Court ruling is a devastating blow to transgender servicemembers who have demonstrated their capabilities and commitment to our nation’s defense. By allowing this discriminatory ban to take effect while our challenge continues, the Court has temporarily sanctioned a policy that has nothing to do with military readiness and everything to do with prejudice. Transgender individuals meet the same standards and demonstrate the same values as all who serve. We remain steadfast in our belief that this ban violates constitutional guarantees of equal protection and will ultimately be struck down.
Washington Blade: Supreme Court allows Trump admin to enforce trans military ban (archive) (2025-05-06):
SPARTA Pride also issued a statement:
“The Roberts Court’s decision staying the preliminary injunction will allow the Trump purge of transgender service members from the military to proceed.
“Transgender Americans have served openly, honorably, and effectively in the U.S. Armed Forces for nearly a decade. Thousands of transgender troops are currently serving, and are fully qualified for the positions in which they serve.
“Every court up to now has found that this order is unconstitutional. Nevertheless, the Roberts Court – without hearing any evidence or argument – decided to allow it to go forward. So while the case continues to be argued, thousands of trans troops will be purged from the Armed Forces.
“They will lose their jobs. They will lose their commands, their promotions, their training, pay and benefits, and time. Their units will lose key players; the mission will be disrupted. This is the very definition of irreparable harm.”
Military.com: Supreme Court Allows Transgender Military Ban to Take Effect While Court Battles Proceed (archive) (2025-05-06):
Defense Secretary Pete Hegseth posted on social media after the ruling that there will be “No More Trans @ DoD.” The Defense Department offered no further comment on Tuesday afternoon.
- Refers to:
- Supreme Court docket 24A1030 (archive): United States, et al. v. Shilling, Commander, et al.: Order in Pending Case (archive) (2025-05-06)