Appeals Court Sides With Hegseth On ‘Trans’ Military Ban, Scolds Biden Judge

A federal appeals court on Tuesday sided with Secretary of War Pete Hegseth and the Trump administration over its reimposed policy barring transgender Americans from serving in the U.S. military. At the same time, the appeals panel chided the lower federal district court judge appointed by Joe Biden over her ruling against the Pentagon.

“In our view, the court afforded insufficient deference to the Secretary’s considered judgment. Accordingly, we stay the preliminary injunction pending the government’s appeal,” the three-judge DC Circuit Court of Appeals said, scolding Judge Ana Reyes in a 2-1 decision.

“The United States military enforces strict medical standards to ensure that only physically and mentally fit individuals join its ranks. For decades, these requirements barred service by individuals with gender dysphoria, a medical condition associated with clinically significant distress,” wrote Judge Gregory G. Katsas, a Trump appointee, in the majority opinion which was enjoined by Judge Neomi Jehangir Rao, another Trump appointee.

“The 2025 policy generally bars individuals with gender dysphoria from serving in the Armed Forces. The Secretary of Defense concluded that this policy would advance important military interests of combat readiness, unit cohesion, and cost control. In doing so, he consulted materials compiled to assess the 2016 and 2018 policy changes, as well as more recent studies regarding the impacts of gender dysphoria on those with the condition and on their military service. The district court nonetheless preliminarily enjoined the 2025 policy based on its own contrary assessment of the evidence,” said the ruling.

In January, President Donald Trump signed two executive orders — the “Restoring America’s Fighting Force” order and the “Prioritizing Military Excellence and Readiness” order — directing the U.S. military to eliminate the use of race- or sex-based preferences in its operations and personnel policies.

The orders also instruct the Department of War to review internal practices related to gender identity and pronoun usage as part of a broader assessment of military standards and readiness.

In March, the Trump administration revised its policy regarding service members with gender dysphoria and asked Judge Reyes to lift her earlier preliminary injunction blocking implementation.

During the hearing, Reyes sharply questioned Justice Department attorneys, at one point asking whether they were aware of how military spending on Viagra compared to the costs associated with gender dysphoria treatment.

Hegseth took to the X platform in March to shred Reyes’ decision.

“Since ‘Judge’ Reyes is now a top military planner, she/they can report to Fort Benning at 0600 to instruct our Army Rangers on how to execute High Value Target Raids…after that, Commander Reyes can dispatch to Fort Bragg to train our Green Berets on counterinsurgency warfare,” he wrote.

In May, the Supreme Court allowed the Trump Administration to enforce its ban on transgender troops as the legal challenges made it through the lower courts.

Meanwhile, the Supreme Court on Monday erased a lower court ruling that had upheld New York’s strict school vaccine rules that don’t allow for religious exemptions and ordered judges to reconsider the case with a new focus on parental rights.

Amish parents had challenged the law, arguing New York once recognized religious exemptions but eliminated them in 2019, The Washington Times reported. A federal district court and then the 2nd U.S. Circuit Court of Appeals ruled against the families, however.

The Supreme Court told the appeals court to reevaluate the case in light of last term’s ruling involving the lack of parental opt-outs from the LGBTQ diversity curriculum in Montgomery County, Maryland. The justices vacated the 2nd Circuit opinion, removing it from effect.

Kelly Shackelford, president of First Liberty, which represented the Amish families, called the order a victory.

“The Amish community in New York wants to be left alone to live out their faith just like they have for 200 years,” he said. “The Amish take their faith very seriously and are simply asking the State of New York to respect their sincerely held beliefs.”