A federal appeals court gave a boost Tuesday to Defense Secretary Pete Hegseth’s limits on transgender troops, saying that a lower court that tried to block him didn’t show enough deference to his decision-making.
The U.S. Circuit Court of Appeals for the District of Columbia, in a 2-1 decision, said Mr. Hegseth had reasons for excluding troops who suffer from gender dysphoria, a psychological condition where a person struggles to reconcile their birth sex with their gender identity.
“Here, the evidence supporting the Hegseth Policy was more than sufficient to support the choices made,” wrote Judge Gregory Katsas, a Trump appointee, joined by Judge Neomi Rao, another Trump appointee.
The judges also rejected the lower court’s finding that Mr. Hegseth’s decision-making was poisoned by “animus” against transgender persons.
Judge Cornelia Pillard, an Obama appointee, dissented, saying transgender troops have proved their service and excluding them flies in the face of evidence that indicates they have not led to disruptions in mission readiness.
She said previous administrations have adopted varying policies about transgender troops, but none embraced the broad ban Mr. Hegseth came up with.
“The government cannot identify any other medical condition that automatically triggers administrative separation instead of an individualized medical evaluation regarding continued fitness to serve,” Judge Pillard wrote.
She said Mr. Hegseth had every chance to prove his policy was necessary, but didn’t do so.
Mr. Hegseth’s policy applied to troops who exhibit symptoms of gender dysphoria or who have undergone transition treatments.
Judge Ana Reyes, a Biden appointee, had issued a stern opinion scolding the administration for pressing forward with the policy.
A different panel of the same appeals court had previously put a hold on her ruling.
Tuesday’s decision is a more lasting hold that will stand until the court addresses the case in full.
