Appeals court makes shock judgement on Hegseth's efforts to ban trans troops

Washington DC - An appeals court recently ruled that Secretary of Defense Pete Hegseth's effort to expel transgender servicemembers from the military is unconstitutional.

On Monday, an appeals court ruled that Defense Secretary Pete Hegseth's effort to ban transgender individuals from the military is unconstitutional.
On Monday, an appeals court ruled that Defense Secretary Pete Hegseth's effort to ban transgender individuals from the military is unconstitutional.  © Jon Cherry / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

On Monday, the US Court of Appeals for the District of Columbia voted 2 to 1, with Circuit Judges Robert Wilkins and Judith Rogers against Justin Walker – an appointee of President Donald Trump.

In a split opinion, Wilkins described Hegseth and the Trump administration's public rhetoric about the trans community as "disparaging characterizations of American citizens."

"Indeed, the government has not contested that the Plaintiff-Appellees who are currently serving (and who have collectively earned more than 80 commendations) have served honorably and pose no threat to national security, even though they happen to be transgender and have suffered from gender dysphoria," Wilkins wrote.

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Wilkins later argued that there was "direct evidence in this case that animus motivated the classifications in the Hegseth Policy."

Walker accused his colleagues of overstepping, arguing it is not the court's responsibility to dictate military

"Only the Executive and Congress are responsible for system-wide military judgments about the composition of the armed forces," Walker wrote.

"The Supreme Court has never assumed that role for itself. Neither has the DC Circuit. Not until today."

Monday's ruling is not a sweeping one, as it only applies to the transgender troops who filed the lawsuit against the government, and does not extend to other enlisted troops or those seeking to enlist.

Cover photo: Jon Cherry / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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