Ninth Circuit Judges Question Legality of DoD’s Transgender Service Ban

10/21/2025

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Two judges on the U.S. Court of Appeals for the Ninth Circuit signaled deep concern this week over the Department of Defense’s sweeping transgender service ban—questioning both its constitutional footing and its breadth. The appeal, argued Monday, stems from the Trump administration’s Executive Order 14183 and subsequent DoD policy excluding individuals with a history or diagnosis of gender dysphoria, or even “symptoms consistent with” it, from military service.

During oral argument, the panel pressed government counsel to explain why the policy appears to bar virtually all transgender persons from serving, despite years of successful open service under previous administrations. One judge noted that the ban “seems to cover anyone who has ever been identified as transgender, whether or not they are currently receiving treatment or have demonstrated any impairment.”

As reported by Law360, Courthouse News Service, and Bloomberg Law, the judges questioned whether DoD could produce any empirical evidence that transgender service negatively impacts readiness, cohesion, or medical deployability. (Law360, Oct 20, 2025) | (Courthouse News Service, Oct 20, 2025) | (Advocate.com, Oct 21, 2025)

A written decision has not yet been released. The Ninth Circuit typically posts opinions to its public docket without advance notice. Observers expect a ruling “in the coming months.”

Opinion: What This Means for Military and Federal Employees

The tone of Monday’s hearing suggests the court may reject the government’s “blanket” approach. The judges’ skepticism indicates that DoD may soon be directed to re-evaluate or narrow the ban, grounding any restrictions in demonstrable evidence rather than broad classifications.

For active-duty and reserve members facing harassment or adverse action linked to gender identity, this hearing offers reason for cautious optimism. Even as litigation continues, service members and DoD civilians retain independent administrative remedies—including Equal Opportunity complaints, Inspector General filings, and EEO or MSPB channels for federal workers.

Those who have experienced disciplinary action, medical disqualification, or separation under the new policy should preserve documentation and seek prompt legal counsel. These records will be critical if the Ninth Circuit affirms the injunction or orders a partial stay.

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