A policy barring most transgender people from serving in the U.S. armed forces is in force following a May 6, 2025, Supreme Court order that paused a lower-court injunction while legal challenges continue.
The policy stems from Executive Order 14183, “Prioritizing Military Excellence and Readiness,” signed January 27, 2025, and a subsequent Defense Department directive. Under it, service members with a history of gender dysphoria or who have medically transitioned are subject to separation, with limited waivers.
Service members challenged the ban in cases including Shilling v. United States and Talbott v. United States. A federal district court blocked the policy, but the administration asked the Supreme Court to intervene; the justices allowed the ban to take effect pending appeal, without ruling on its ultimate legality.
The Defense Department has framed the policy around military readiness, unit cohesion, and medical costs. Plaintiffs and LGBTQ legal groups counter that thousands of transgender troops have served openly since 2016 without documented harm to readiness, and that the policy forces out qualified personnel. A ruling on the merits is still pending in the lower courts.
Sources: Lambda Legal (Shilling); SCOTUSblog; Advocates for Trans Equality.
Frequently asked questions
Can transgender people serve in the U.S. military now?
Most cannot. A policy stemming from Executive Order 14183 (January 27, 2025) subjects service members with a history of gender dysphoria or who have medically transitioned to separation, with limited waivers.
Why is the ban in effect if a court blocked it?
A district court blocked the policy, but on May 6, 2025 the Supreme Court paused that injunction, letting the ban take effect while appeals continue – without ruling on its ultimate legality.
What are the main arguments on each side?
The Defense Department cites readiness, unit cohesion, and cost. Plaintiffs and LGBTQ legal groups note that thousands of transgender troops served openly since 2016 without documented harm to readiness.