The Trump administration is asking the U.S. Supreme Court to intervene in a legal battle over its effort to prohibit transgender people from serving in the military.
But legal challenges are in limbo in lower courts and the policy has yet to be ratified and the administration is seeking permission to carry out the policy.
The new request centers on allowing the Pentagon to discharge transgender service members who are currently protected by a lower-court order.
The Pentagon's request could affect about two dozen transgender troops who are serving while the broader legal dispute goes unresolved, the administration said.
The policy was enacted by the President of the United States in January 2025 in a memorandum to the Defense Department that stated transgender service was at odds with the standards of military readiness the administration believes are in place.
This policy has since been challenged by transgender service members and advocacy groups.
The legal fight has already reached the Supreme Court. In May 2025, the justices allowed the administration to enforce the transgender military policy as litigation continued and lifted a nationwide injunction that had temporarily stalled its implementation.
The court’s action did not settle the constitutional questions about the policy.
And the administration is now asking the Supreme Court to take another step by letting the Pentagon carry out discharges protected by a lower-court ruling.
Solicitor General D. John Sauer has argued that the case involves major questions about presidential authority over the armed forces and military policy.
Transgender service members, the plaintiffs say, should be judged on a professional and military level as well as other people in our military.
LGBTQ rights groups who are fighting the ban are arguing it goes against constitutional protections and unfairly targets transgender Americans who are willing and qualified to serve in the military.
The dispute is closely watched because a Supreme Court decision could have consequences beyond the individual service members involved.
The justices might decide in a similar scenario how much power the executive branch has to set personnel policies for the military and how constitutional protections apply to transgender troops.
The legal status of the policy is still in the court fight. The Supreme Court’s response to the administration’s latest request will decide if the disputed discharges can go forward while the underlying case moves through the judicial system.
The case also illustrates the ongoing political and legal debate in the United States about transgender rights, military policy and the limits of presidential authority.
A final ruling on the constitutionality of the policy would be a major step in the country’s larger struggle over LGBTQ rights and federal policy.
