A federal appeals court issued a ruling reaffirming the
validity of the ban imposed during President Donald Trump's administration
against transgender people serving in the Armed Forces. With this decision, the
court overturned a preliminary injunction issued by a lower court, which had
sought to temporarily suspend the policy while legal proceedings continued.
The decision represents significant legal support for the
Pentagon, which since 2025 has followed an internal policy that considerably
restricts the recruitment, retention, and promotion of military personnel who
experience gender dysphoria. This policy establishes strict criteria regarding
the medical, psychological, and administrative conditions that must be met to
be eligible for service, which in practice limits the participation of most
transgender people, especially those who require or have required transition
treatment.
The appeals court judges argued that the Department of
Defense has broad discretion to design internal policies based on operational,
medical, and strategic considerations, and that the court did not find
sufficient evidence to determine that the policy constitutes a clear violation
of the constitutional rights of these individuals. Even so, the ruling does not
completely end the debate: radical civil rights organizations and groups
advocating for transgender service members have announced that they will consider
further legal action and, potentially, appeal to higher courts to try to
overturn the measure.
Meanwhile, the decision allows the Pentagon to continue
fully implementing its current policy, maintaining an atmosphere of uncertainty
among affected service members and fueling a national debate about inclusion,
equity, and the conditions under which the Armed Forces should operate.
