Appeals court blocks removal of transgender troops, bars new enlistment: ruling finds ban likely unconstitutional but leaves door closed to recruits
On June 1, 2026, a divided federal appeals court panel held that the Trump administration's transgender military ban is 'likely unconstitutional' as applied to current service members, blocking their discharge. However, the ruling simultaneously permits the military to continue barring transgender people from enlisting, creating a discriminatory two-tiered system that protects current troops while shutting out qualified recruits.
A splintered appeals court has drawn a constitutional line — but only halfway. On June 1, 2026, the divided panel ruled that the Trump administration's policy of banning transgender people from military service is 'likely unconstitutional' as applied to current troops, providing a crucial shield for the estimated 15,000 transgender service members currently serving. The court blocked their discharge, preventing the military from forcing them out solely because of their gender identity. This decision directly addresses the constitutionality of the policy for those already in uniform, finding it likely violates equal protection principles.
Yet the same ruling permits the military to continue barring transgender civilians from enlisting — even those who meet all other qualifications. This creates a brutal asymmetry: the policy is likely unconstitutional for current troops, but new recruits are still denied the chance to serve. For the Pentagon, which faces chronic recruitment shortfalls, this locks out a pool of willing and capable volunteers. For transgender Americans, it signals that their service is conditional on having already enlisted before the ban, trapping them in an impossible waiting game.
The harm is concrete: the enlistment bar remains in effect, grounded in DoD medical accession standards. The fight now shifts to ensuring that the constitutional finding extends to a full lifting of the enlistment ban — not just a protective measure for those already in uniform.
The humanitarian alternative
The military should adopt a gender-inclusive accession policy consistent with the standards-based approach used for other service members. Under the current medical and readiness frameworks, the Pentagon can evaluate transgender applicants based on their medical stability and ability to deploy—just as it does for cisgender applicants. A simple administrative fix: amend Department of Defense Instruction 1300.28 to remove the blanket bar on transgender enlistment and instead require the same medical waivers available to other applicants with stable, treated conditions. This would restore the military's ability to recruit from the full talent pool while maintaining health and readiness standards.
Falsifiable predictions
What this entry claims will happen, and what data would prove it wrong. The Reckoner revisits these against current reality.
- Within 6 months, the full appeals court will not grant rehearing on this split ruling, keeping the ban on transgender enlistment in place pending Supreme Court review.
- The military will see a measurable increase in recruitment among transgender civilians who are currently eligible to serve if the ban is lifted (but the ban remains, so no change).
Original source — excerpted
news Appeals court blocks removal of transgender troops, but allows restrictions on recruits"It does not bar the blocking of transgender people from joining the military. Appeals court blocks removal of transgender troops, but allows restrictions on re..."