The U.S. Court of Appeals for the D.C. Circuit ruled on Tuesday (December 9) to temporarily stay the preliminary injunction previously issued by the district court, allowing the Pentagon to continue enforcing the ban on transgender individuals serving in the military introduced by the Trump administration in 2025 during the litigation period. This decision is considered a significant development in one of the most high-profile military policy cases in the United States.
According to Fox News, the 2-1 majority decision was authored by judges Gregory Katsas and Neomi Rao, both appointed by Trump.
The two judges argued that the district court improperly interfered with the military’s professional judgment, erroneously substituting their own assessment of the evidence for the Pentagon’s leadership decision.
The ruling noted that the U.S. military has long adhered to strict medical standards, and individuals with gender dysphoria have been banned from serving for decades. The new policy introduced this year continues this medical standard, which helps maintain combat readiness, unit cohesion, and cost control, among other important military interests.
White House spokesperson Anna Kelly stated to Fox News after the appellate court’s decision, “Today’s victory is a significant win concerning national security issues for the American people. As Commander in Chief, President Trump has the executive authority to ensure military preparedness is prioritized over gender ideology.”
The new policy introduced in 2025 was jointly promoted by President Trump and Secretary of War Pete Hegseth, primarily aiming to “broadly ban individuals with gender dysphoria from serving in the armed forces.”
Court documents show that this policy stemmed from Executive Order 14183 signed by President Trump on January 27 and formally issued in February.
The Executive Order explicitly stated that identifying with a gender incongruent with one’s biological sex conflicts with a soldier’s commitment to honor, honesty, and disciplined living, and mandated Hegseth to develop specific implementation policies within 60 days.
Judge Cornelia Pillard, appointed by Obama, who held the dissenting opinion among the three judges, believed that the government failed to provide sufficient evidence that the new policy was based on cost, benefit, or military necessity evaluations, nor was there evidence showing consultation with active military leaders by President Trump or Secretary Hegseth before making the decision.
The policy regarding the ban on transgender individuals serving in the military has undergone several changes over the past decade: it was relaxed in 2016, tightened in 2018, relaxed again in 2021, until finally being reinstated and strictly enforced in 2025.
Earlier this year, Judge Ana Reyes, appointed by Biden, issued a nationwide preliminary injunction that temporarily halted Trump’s policy. The appellate court’s ruling this time replaced the previous short-term administrative stay with a longer-term temporary stay that restored the effectiveness of Trump’s ban until the case is fully litigated.
The D.C. Circuit Court of Appeals will hold oral arguments on the appeal against the district court’s injunction on January 22 next year. The case may eventually be appealed to the U.S. Supreme Court.
Currently, the Ninth Circuit Court of Appeals is also reviewing similar litigation against the same policy.