A D.C. Circuit panel on Tuesday froze a federal judge’s order blocking President Donald Trump’s effort to widely bar transgender people from serving in the military, finding the judge afforded “insufficient deference” to Secretary of Defense Pete Hegseth’s judgment.
In a 2-1 decision led by two Trump appointees, the appeals panel stayed U.S. District Judge Ana Reyes’ preliminary injunction, which was based on her analysis that the policy wrongfully targets trans soldiers despite evidence that their service improves military readiness.
U.S. Circuit Judges Gregory Katsas and Neomi Rao ruled that Hegseth’s policy likely did not violate the Constitution’s Equal Protection Clause and does not trigger any form of heightened scrutiny as a result, pointing to the Supreme Court’s recent decision in United States v. Skrmetti.
“In Skrmetti, the Supreme Court held that a law prohibiting the use of hormones to treat gender dysphoria in minors ‘classifies on the basis of medical use’ and thus does not discriminate based on either sex or transgender status,” Katsas wrote. “The same reasoning would seem to cover the Hegseth Policy, which classified based on the medical condition of gender dysphoria.”
“Skrmetti also casts significant doubt on the proposition that a classification based on transgender status would trigger heightened scrutiny,” Katsas added.
Hegseth’s Feb. 26 policy — created at Trump’s instruction per his “Prioritizing Military Excellence and Readiness” executive order — would effectively disqualify all trans people from service unless they receive an exception.
