The Trump administration on Friday petitioned the Supreme Court to permit the U.S. military to discharge transgender service members while a lawsuit over the policy continues.

Solicitor General D. John Sauer filed the request, arguing that the authority to determine who serves in the armed forces is a matter of exceptional importance and that courts should defer to military leaders' judgments on readiness and effectiveness. The filing seeks to overturn a preliminary injunction from the U.S. Court of Appeals for the District of Columbia Circuit that has protected 28 transgender plaintiffs from separation.

President Trump issued an executive order shortly after taking office in January 2025 directing the Pentagon to bar individuals with gender dysphoria from service. The Defense Department implemented the policy in February 2025. The order described transgender identity as incompatible with military standards.

The D.C. Circuit panel ruled in June that the policy likely violated equal protection guarantees and appeared driven by animus rather than military necessity. A trial in the underlying case is scheduled for January 2027 in federal district court.

The administration maintains that accommodating transgender troops imposes medical, surgical, and mental health burdens that undermine unit cohesion and lethality. It has cited prior Supreme Court precedent requiring deference to the political branches on military matters. The Justice Department petition emphasizes that the policy reflects considered military judgment.

Plaintiffs in the case, represented by groups including the National Center for LGBTQ Rights and GLAD Law, contend that the ban stems from prejudice and causes irreparable harm by removing decorated service members before a final ruling. They have urged the justices to deny the emergency request and allow the litigation to proceed through trial.

The Supreme Court is expected to decide whether to hear the case during its term beginning in October. In May 2025, the justices allowed temporary enforcement of related aspects of the policy in a separate proceeding.

Approximately 4,200 service members across active duty, reserves, and the National Guard have been identified with a gender dysphoria diagnosis in government filings. The current petition focuses on immediate action regarding the 28 named plaintiffs who remain in a form of limbo, technically serving but often on leave.