Tribunal Federal de Apelaciones Dictamina que la Política de la Administración Trump Prohíbe Ilegalmente a Tropas Transgénero

A divided panel of federal appeals court judges ruled Monday that a Trump administration policy illegally banned transgender troops from military service. The majority opinion from a three-judge panel of the U.S.

Court of Appeals for the District of Columbia Circuit largely upheld a March 2025 ruling by U.S. District Judge Ana Reyes in Washington, D.C.

Judge Reyes had concluded that President Donald Trump’s executive order to exclude transgender troops likely violates their constitutional rights. The administration appealed after Reyes issued a preliminary injunction requested by attorneys for six transgender active-duty service members and two others seeking to join the military.

The appeals court majority decided the injunction should be narrowed to cover only the plaintiffs currently serving, not those seeking to enlist. The ruling will not take effect immediately, giving the administration time to ask the full appeals court to hear the case.

The U.S. Supreme Court allowed the transgender military ban to go into effect last year while litigation continues.

Another lawsuit challenging the ban, filed in Washington state, led to a ruling in favor of the plaintiffs. In January 2025, Trump signed an executive order claiming that the sexual identity of transgender service members "conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life" and harms military readiness.

In response, Defense Secretary Pete Hegseth issued a policy that presumptively disqualifies people with gender dysphoria from service. Gender dysphoria is the distress felt when assigned gender and gender identity do not match, and it has been linked to depression and suicidal thoughts.

Judge Robert Wilkins, writing for the majority, said the policy "appears to be driven by the bare desire to harm a politically unpopular group: persons who identify as transgender." Wilkins was nominated by Democratic President Barack Obama. In dissent, Judge Justin Walker, nominated by Republican President Donald Trump, argued that judges lack the power to second-guess the military's decision.

"We have neither the expertise nor the authority to decide whether the military can exclude the plaintiffs from its ranks. The Constitution assigns that authority to Congress and the Commander in Chief," Walker wrote.

Judge Judith Rogers, nominated by Democratic President Bill Clinton, joined Wilkins' opinion but also partially dissented.