US Supreme Court Upholds Transgender Military Ban, Reigniting Civil Rights Debate

A soldier saluting

By: Laurie A. McCarthy, Esq.

[email protected]

On May 6, 2025, the U.S. Supreme Court ruled 6–3 to at least temporarily uphold a federal ban on individuals with the medical condition of gender dysphoria from serving in the military, allowing Executive Order 14183 to take effect. (“Gender dysphoria” involves a “marked incongruence” between a person’s experienced gender and their gender assigned at birth.) This Executive Order marks a major shift in military policy and LGBTQ+ rights.

The Court’s decision lifts a lower court temporary injunction and reflects its traditional deference to military authority, even when civil liberties are at stake. The policy, introduced by the Trump administration, argues the ban is necessary to preserve military readiness, unit cohesion, and effectiveness.

The ruling has sparked widespread criticism from LGBTQ+ advocacy groups, legal experts, and some military personnel, who argue that the policy targets transgender individuals and is therefore discriminatory and undermines the principles of equality and inclusion. Critics contend that there is no evidence to support the claim that transgender service members negatively impact military readiness or effectiveness.

Despite the US Supreme Court’s decision, legal challenges continue in lower courts. Ongoing lawsuits argue the ban violates the Equal Protection Clause of the 14th Amendment. These cases are expected to continue to shape the legal landscape regarding transgender rights in the military. As the legal battles continue, the decision underscores the ongoing tension between national security policymaking and civil rights protections—one that is far from resolved.

The Law Firm of DiOrio & Sereni, LLP is a full-service law firm in Media, Delaware County, Pennsylvania. We strive to help people, businesses and institutions throughout Southeastern Pennsylvania solve legal problems – and even prevent legal problems before they occur. To learn more about the full range of our specific practice areas, please visit www.dioriosereni.com or contact Laurie A. McCarthy, Esquire at 610-565-5700 or at [email protected].

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