How military personnel rules are made
Who can serve in the U.S. armed forces is governed by a mix of federal law passed by Congress, regulations issued by the Department of Defense, and executive orders from the president as commander in chief. Federal courts can review those rules when service members or applicants sue, but judges generally give the military wide deference on personnel matters.
A policy that has shifted repeatedly
Open service by transgender personnel has been permitted or restricted four times in roughly a decade. The Obama administration lifted a ban in 2016. The first Trump administration restricted service in 2019. The Biden administration broadly reopened service in 2021. A new restriction took effect in 2025, and is now the subject of litigation.
How many people are affected
A 2016 RAND Corporation study commissioned by the Pentagon estimated that between 1,320 and 6,630 transgender personnel were serving on active duty, out of about 1.3 million troops. Exact figures are difficult to confirm because service members are not required to disclose gender identity and estimates vary by methodology.
The June 2026 court ruling
On June 1, 2026, a federal court blocked the Pentagon from separating current transgender service members while a lawsuit challenging the 2025 restriction proceeds. The order is a preliminary step, not a final ruling on whether the underlying policy is lawful. Appeals are expected, and the case could reach the Supreme Court.
The case for open service
Supporters argue that excluding qualified volunteers shrinks the recruiting pool at a time when the services have struggled to meet enlistment goals. They point to allied militaries — including those of the United Kingdom, Canada, Israel, and Australia — that permit transgender personnel to serve, and they say individual fitness and medical standards already screen for deployability.
The case for restrictions
Critics argue that some gender-transition-related medical care can require recovery time or ongoing treatment that affects deployability and unit readiness, and that uniform medical standards are needed for cohesion. They also argue that setting military service standards is the constitutional role of the president and Congress, not the courts, and that policy should not be locked in by judicial orders.
What voters are being asked
The poll asks a policy preference, not a legal prediction. Voters can favor or oppose open service regardless of how the current lawsuit is resolved. Because the rule is set through executive and legislative action, public opinion typically influences policy through elections, congressional oversight, and the appointment of defense officials and judges.