"The Hegseth Policy likely does not violate equal protection. We doubt that the policy triggers any form of heightened scrutiny. In Skrmetti, the Supreme Court held that a law prohibiting the use of hormones to treat gender dysphoria in minors classifies on the basis of medical use and thus does not discriminate based on either sex or transgender status The same reasoning would seem to cover the Hegseth Policy, which classifies based on the medical condition of gender dysphoria."
"A federal appeals court sided with Secretary of War Pete Hegseth on Tuesday, ruling the U.S. military can exclude trans members from serving. The 2-1 ruling, made in the U.S. Court of Appeals for the D.C. Circuit, upheld Hegseth and President Donald Trump's push to bar trans men and women from the military, after a lower court placed an injunction on it in March; the Supreme Court then ruled the ban could continue in May, as it was being debated in court."
A federal appeals court ruled the U.S. military can exclude transgender people from serving in a 2-1 decision by the D.C. Circuit. The court upheld Secretary of War Pete Hegseth and President Donald Trump's effort to bar transgender men and women after a lower court issued an injunction in March and the Supreme Court allowed the ban to remain while litigation proceeded. The ruling reasoned the Hegseth Policy classifies based on the medical condition of gender dysphoria and likely does not trigger heightened scrutiny, relying on Skrmetti. President Trump signed an executive order in January that effectively bans transgender Americans from service, language a district judge called demeaning and driven by animus.
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