In January 2025, Trump signed an executive order that claims the sexual identity of transgender service members "conflicts with a soldier's commitment to an honorable, truthful, and disciplined lifestyle, even in one's personal life" and is harmful to military readiness.
In response to the order, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from military service. Gender dysphoria is the distress that a person feels because their assigned gender and gender identity don't match. The medical condition has been linked to depression and suicidal thoughts.
The policy "appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender," Judge Robert Wilkins wrote for the majority. Wilkins was nominated to the court by Democratic President Barack Obama.
In a dissenting opinion, Judge Justin Walker said judges lack the power to second-guess the decision to exclude transgender troops.
"We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief," wrote Walker, who was nominated by Trump, a Republican.
Judge Judith Rogers, who was nominated by Democratic President Bill Clinton, joined Wilkins' majority opinion but also partially dissented.
