A federal appeals court has allowed the Pentagon’s restrictions on transgender military service to remain in effect while litigation continues.
The U.S. Court of Appeals for the D.C. Circuit granted the Department of War’s request, ruling that the policy is likely to succeed on the merits and that a lower court failed to provide appropriate deference to military judgment. Judges Gregory Katsas and Neomi Rao authored the majority opinion in the Talbott v. United States case.
War Secretary Pete Hegseth praised the decision, stating: “American Greatness. Military Lethality. Common Sense. And THE LAW.” He called it a “major legal victory” and emphasized that strict medical and readiness standards are essential for the armed forces.
The policy aligns with Executive Order 14183, issued in January 2025, which directs the military to bar individuals who identify with a gender different from their biological sex. Following this order, the Pentagon suspended new enlistments for those diagnosed with gender dysphoria and restricted access to gender-affirming medical care.
Pentagon data from late 2024 indicated that roughly 4,240 active-duty, reserve, and National Guard personnel had been diagnosed with gender dysphoria. About 1,000 have initiated voluntary separation, and officials plan to review medical records to identify others for involuntary discharge once the voluntary window closes.
The Department of War has cited studies, including the AMSARA analysis and a 2022 review, reporting higher nondeployability rates and elevated risks of depression, PTSD, and suicidal ideation among transgender service members compared with normal troops.
District Court Judge Ana Reyes previously blocked similar restrictions, stating they appeared motivated by disapproval of transgender identity rather than operational necessity. Dissenting in the appeals court decision, Judge Cornelia Pillard claimed that the policy was not supported by evidence and could abruptly end longstanding military careers.
The plaintiffs in Talbott v. United States are evaluating their next steps as the case proceeds through the D.C. Circuit, with the possibility of ultimately reaching the Supreme Court.
