U.S. Defense Secretary Pete Hegseth said he will appeal a court ruling that found the ban on active transgender service members likely unconstitutional.

The decision challenges the legality of the Trump administration's policy regarding gender identity in the armed forces. If upheld, the ruling would prevent the military from discharging active-duty personnel based on their transgender status, though it may allow the government to bar new recruits.

A three-judge panel [1] at the U.S. Court of Appeals for the District of Columbia Circuit issued the ruling on Monday, June 3, 2024. The court found that the policy likely violates constitutional protections by expelling service members solely on the basis of gender identity.

“The ban is likely unconstitutional because it expels service members solely on the basis of gender identity,” the panel said [2].

Hegseth said the Department of Defense will seek a reversal from the highest court in the land. The Defense Secretary said he intends to continue the legal battle over the administration's personnel policies.

“See you at SCOTUS,” Hegseth said [3].

The court's divided panel focused on the distinction between those already serving in the military and those seeking to enter. While the ruling protects active members, it does not necessarily strip the government of its power to restrict new transgender recruits from joining the service.

““See you at SCOTUS.””

This legal clash highlights a fundamental tension between executive military policy and constitutional protections against discrimination. By distinguishing between active service members and new recruits, the court has created a tiered legal status for transgender individuals in the military, which will likely lead to a definitive Supreme Court ruling on whether gender identity is a protected characteristic under the Constitution in a military context.