US government seeks Supreme Court backing to remove transgender service members

The US government has asked the Supreme Court to allow it to remove 29 transgender service members from the armed forces while a legal challenge continues. The request comes as the case over the Pentagon's ban moves toward trial next year. For now, the affected personnel, including reservists, active-duty members and National Guard members, remain in their posts.

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Solicitor General John Sauer filed the petition on behalf of the government, arguing that the military's authority to decide who may serve is a matter of exceptional importance. The government is seeking to overturn lower-court rulings that found the ban likely violates due process and equal protection rights. The legal challenge has already led courts to block the policy from taking immediate effect against the 29 service members involved.

The case has become a significant test of how far the administration can go in reshaping military personnel policy. It also raises questions about the cost and disruption of removing trained personnel already serving in uniform. One lawyer for the service members said there was no reason to spend taxpayer money to dismiss troops described as highly trained, skilled and decorated.

The dispute sits within a longer history of changing rules on transgender military service in the United States. Trans people were barred from serving for decades, before policy shifted in 2016 to allow open service under certain conditions. A later ban was introduced during Donald Trump's first term, and the issue has returned as a major legal and political fight under the current administration.

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The latest move follows remarks by Defence Secretary Pete Hegseth, who last week used a slur in comments to a crowd at the Department of War. The government has continued to argue that the ban does not breach constitutional rights, while opponents say it is driven by hostility rather than military necessity. The case also comes against the backdrop of claims that about 15,000 transgender people were serving in the US military as of 2024.

What happens next will depend on whether the Supreme Court agrees to intervene before the lower-court case is resolved. The immediate question is whether the 29 service members can stay in place while the legal process continues. More broadly, the ruling could shape the future of transgender service in the armed forces and set the tone for further challenges to military policy.

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