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Forbes
Forbes
6 May 2025


Topline

The Trump administration’s transgender military ban will take effect again while litigation against it moves forward, as the Supreme Court ruled Tuesday to throw out a lower court’s ruling that put the controversial policy on hold.

The Supreme Court ruled 6-3 to throw out a lower court’s ruling that paused the policy, which states that “individuals who have a current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria are no longer eligible for military service.”

Justices did not give any explanation for their reasoning behind the order, which allows the transgender military ban to take effect while the case moves forward in federal appeals court.

The court was split along ideological lines, with its three liberal justices—Justices Elena Kagan, Sonia Sotomayor and Ketanji Brown Jackson—saying they would have denied the Trump administration’s request and continued to pause the ban.

The Trump administration asked the Supreme Court to take up the case after U.S. District Judge Ana Reyes halted the ban in March, siding with transgender service members and ruling the policy was unlawfully discriminatory, and a federal appeals court then refused to reinstate it.

Solicitor General Dean John Sauer argued the Supreme Court should block the ban while the case moves forward, because it did the same during other legal challenges to Trump’s transgender military ban in his first term, and argued the ban is not discriminatory because it’s based on the “medical condition” of gender dysphoria.

The Supreme Court’s ruling will stay in place until the case comes back to the high court for a second time. Any ruling a federal appeals court issues in the case will likely be appealed by the Trump administration or the transgender plaintiffs. If the parties ask the Supreme Court to take up the case and justices agree, the ban will stay in effect until whenever the high court issues its final ruling in the case. If the Supreme Court decides not to take up the case, the order issued Tuesday will expire—meaning whether or not the ban is in place will depend on however the lower courts ruled.

This story is breaking and will be updated.