Tag: Transgender Military Ban

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

Posted on by Becky Haugen

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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.

Resources and Citations

Department of Defense Policy on Transgender Service Members

Posted on by Becky Haugen

 Department of Defense Policy on Transgender Service Members

The recently issued Department of Defense (DoD) memorandum dated February 26, 2025, which effectively reverses prior policies allowing transgender individuals to serve openly in the military, raises significant legal and constitutional concerns. The stated rationale for this new policy—asserting that a history of gender dysphoria or related medical treatments is incompatible with military service—appears to be a broad and categorical exclusion rather than an individualized assessment of fitness for duty.

As legal advocates for military service members, veterans, and those facing adverse administrative actions, the Law Offices of David P. Sheldon strongly opposes policies that impose blanket bans on service members based on characteristics unrelated to individual merit, performance, and capability. The U.S. District Court has previously expressed skepticism toward similar policies, noting that they amount to “total discrimination,” rather than a justifiable regulation tied to military readiness or operational effectiveness.

The Constitution, particularly the Equal Protection Clause of the Fifth Amendment, prohibits the government from engaging in arbitrary discrimination. A policy that broadly excludes individuals with gender dysphoria from service—without consideration of their actual abilities, medical history, or demonstrated service performance—risks violating fundamental constitutional protections. Federal courts have previously struck down similar categorical exclusions for lacking a sufficient rational basis, particularly when they serve primarily to target a politically vulnerable group rather than advancing legitimate governmental interests.

Furthermore, the policy’s immediate effect on transgender service members raises serious concerns about due process and the fairness of administrative separations. Service members who were previously allowed to serve openly and receive necessary medical care now face potential involuntary discharge or denial of medical treatment, despite their proven dedication and fitness for service. These actions could also conflict with existing military regulations that require individualized medical assessments and due process protections for those facing administrative separation.

In practical terms, this policy threatens to undermine military readiness rather than enhance it. The DoD has invested significant resources in training and integrating transgender service members under prior policies. Removing qualified individuals from service without cause unrelated to performance or conduct disregards the military’s stated mission of maintaining a highly capable and diverse fighting force.

The Law Offices of David P. Sheldon stands ready to challenge this policy through all available legal avenues, advocating for service members who are unjustly targeted under its provisions. We urge Congress, the courts, and military leadership to recognize that discrimination—under any pretext—undermines both national security and the core principles of fairness and equality that define our armed forces.

About the Law Offices of David P. Sheldon
The Law Offices of David P. Sheldon is a premier military law firm based in Washington, D.C., dedicated to defending the rights of service members, veterans, and federal employees. With extensive experience in military administrative and criminal defense, our firm represents clients in courts-martial, discharge upgrades, security clearance cases, and other military-related legal matters. We are committed to upholding justice and ensuring fair treatment for those who serve our nation.

To consult with the experienced Washington, DC based Military Attorneys at the Law Offices of David P Sheldon, PLLC contact our office at (202) 546-9575 or visit www.militarydefense.com, or request a consultation.

Disclaimer:

The information provided in this article is for general educational and informational purposes only and does not constitute legal advice or legal representation. Service members facing legal or administrative challenges should consult with a qualified attorney who is experienced in military law to receive guidance tailored to their specific circumstances.