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The Trump administration asked the U.S. Supreme Court on Thursday to allow the Department of Defense to proceed with its policy barring transgender service members.
This request follows lower court rulings in which two federal judges blocked the enforcement of the policy, suggesting it likely violates constitutional protections and is rooted in bias rather than legitimate military concerns.
“Absent a stay, the district court’s universal injunction will remain in place for the duration of further review in the Ninth Circuit and in this Court – a period far too long for the military to be forced to maintain a policy that it has determined, in its professional judgment, to be contrary to military readiness and the Nation’s interests,” U.S. Solicitor General D. John Sauer wrote in the request.
The administration maintains that the policy is based on assessments conducted during Trump’s first term, which concluded that gender dysphoria negatively affects “military effectiveness and lethality,” as outlined in the appeal.
According to past White House statements, service members who undergo gender transition surgeries often require at least a year to recover fully, typically involving the use of powerful pain medications. During that time, they are generally unable to meet physical readiness standards.
Solicitor General John Sauer, representing the administration, argued in the appeal that unless the injunction is lifted, the military will be compelled to uphold a policy that senior defense officials believe undermines national security and readiness for an extended period while litigation continues in the Ninth Circuit and potentially before the Supreme Court.
The controversy follows the president’s executive order on Jan. 27 titled “Prioritizing Military Excellence and Readiness.”
“For the sake of our Nation and the patriotic Americans who volunteer to serve it, military service must be reserved for those mentally and physically fit for duty,” the order reads.
“The Armed Forces must adhere to high mental and physical health standards to ensure our military can deploy, fight, and win, including in austere conditions and without the benefit of routine medical treatment or special provisions,” it adds.
