"Devastating blow": SCOTUS allows Trump admin to carry out ban of transgender people from military

The ban had been stayed by a lower court as a lawsuit works its way through appeals

By Alex Galbraith

Nights & Weekends Editor

Published May 6, 2025 5:16PM (EDT)

A transgender rights supporter takes part in a rally outside of the U.S. Supreme Court as the high court hears arguments in a case on transgender health rights on December 04, 2024 in Washington, DC. (Kevin Dietsch/Getty Images)
A transgender rights supporter takes part in a rally outside of the U.S. Supreme Court as the high court hears arguments in a case on transgender health rights on December 04, 2024 in Washington, DC. (Kevin Dietsch/Getty Images)

The Supreme Court allowed President Donald Trump's blanket ban on transgender people serving in the military to take effect on Tuesday, overturning a lower court's injunction in a brief order.

Trump's executive order banning all active-duty members with a diagnosis of "gender dysphoria" was one of his first acts in office. Seven trans servicemembers sued almost immediately, and U.S. District Court Judge Benjamin Settle issued a stay on the ban, saying trans members of the military faced the "irreparable harm of losing the military service career they have chosen" and that any arguments of hardship from the government "pale[d] in comparison."

Trump's admin sent an emergency petition to the Supreme Court last month, requesting a stay of the injunction. In that application, Solicitor General John Sauer argued that the stay affected "military readiness and the Nation’s interests.”

The conservatives on the high court agreed. Liberal Justices Ketanji Brown Jackson, Sonia Sotomayor and Elena Kagan opposed the order. As with most orders of the type, no reasoning was given for overturning the stay.

"Today’s Supreme Court ruling is a devastating blow to transgender service members who have demonstrated their capabilities and commitment to our nation’s defense," Lambda Legal and Human Rights Campaign Foundation shared in a joint statement

The two groups, which represent the seven service members currently suing the Trump admin, said the ban "has nothing to do with military readiness and everything to do with prejudice."

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