Story perspectives

Ninth Circuit Weighs Transgender Military Ban's Constitutionality

10/21/2025

Summary

Story summary

A three-judge panel of the Ninth Circuit heard arguments in Portland, Oregon in Shilling v. Trump on the ban on transgender service.
The plaintiffs include seven active-duty service members who say the policy is unconstitutional and harms military readiness.
The government describes the ban as a neutral medical standard.
Judge Christen questioned the policy's breadth, and a decision is expected soon that could uphold a nationwide preliminary injunction.

History

Historical Context

In 2019, the U.S. Supreme Court permitted the Trump administration's transgender military ban, affecting around 15,000 service members. This decision reflects ongoing legal battles over LGBTQ+ rights in the military, reminiscent of past struggles like the 2001 McSally v. Rumsfeld case, which challenged discriminatory policies against women in the armed forces. The outcome may significantly influence future military policies and service members' rights.

1 of 2

Story summary

A three-judge panel of the Ninth Circuit heard arguments in Portland, Oregon in Shilling v. Trump on the ban on transgender service.
The plaintiffs include seven active-duty service members who say the policy is unconstitutional and harms military readiness.
The government describes the ban as a neutral medical standard.
Judge Christen questioned the policy's breadth, and a decision is expected soon that could uphold a nationwide preliminary injunction.

1 / 2