
Six transgender service members challenge President Trump’s military ban in federal court, sparking a heated debate on military readiness and equal rights.
Quick Takes
- Six active duty and two former transgender service members file lawsuit against Trump’s executive order.
- The order calls for revising policy on transgender troops, potentially banning them from armed forces.
- Lawsuit argues the order violates equal protection and is based on animus against transgender individuals.
- Trump administration cites concerns over military readiness and unit cohesion.
- Legal challenge examines alignment of military policies with service eligibility standards.
Transgender Service Members Take Legal Action
In a significant legal development, six transgender active duty service members and two former service members have filed a lawsuit against President Trump’s executive order on transgender troops. The lawsuit, filed in the U.S. District Court of the District of Columbia by NCLR and GLAD Law, challenges the order that calls for revising policy on transgender troops and potentially banning them from the armed forces.
The executive order, titled “Prioritizing Military Excellence and Readiness,” reinstates a previous policy from Trump’s first term and reverses a 2021 order by President Joe Biden allowing transgender people to serve openly. The Trump administration asserts that military excellence should not be compromised by political agendas or ideologies affecting unit cohesion.
JUST IN: Six transgender service members are suing Trump/Hegseth over new ban on trans people serving in the military. https://t.co/anfxQIXKz4 pic.twitter.com/vVvgjQFnJW
— Kyle Cheney (@kyledcheney) January 28, 2025
Legal Arguments and Military Readiness
The lawsuit argues that the executive order violates equal protection and is based on animus against a specific group. The legal team filing the lawsuit previously fought against Trump’s initial ban on transgender troops, and now they’re gearing up for another battle. Lambda Legal and the Human Rights Campaign have also announced plans to file a legal challenge.
“There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.” – Army Capt. Gordon Herrero
The plaintiffs, who include decorated service members such as a Sailor of the Year honoree and a Bronze Star recipient, maintain that they have met military standards and that the order imposes unnecessary burdens on capable service members. They argue that being transgender does not affect their ability to serve effectively.
Impact on Military Personnel
While there is no official data on the number of transgender military personnel, estimates suggest thousands may be affected by this order. Reports indicate that between 2,150 and 15,500 transgender individuals might be serving in the military. The order aims to protect military effectiveness and unit cohesion by restricting transition-related medical care and barring certain facility access based on birth-assigned sex.
“I’ve spent more than half my life in the Army, including combat in Afghanistan. Removing qualified transgender soldiers like me means an exodus of experienced personnel.” – Army Sgt. 1st Class Kate Cole
Transgender individuals have been serving openly for four years, demonstrating their capability and meeting military standards. Emily Shilling, a high-ranking transgender Navy officer, reported support from colleagues despite the renewed ban. However, the administration maintains that “The pursuit of military excellence cannot be diluted to accommodate political agendas or other ideologies harmful to unit cohesion.”
Legal Implications and Future Outlook
The Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, strengthens the current challenge by recognizing discrimination based on transgender status as sex discrimination. This legal precedent may play a crucial role in the court’s decision regarding the military ban.
As the legal battle unfolds, the Pentagon has stated it will implement the executive order as directed, without commenting on the litigation. This case will scrutinize how current military policies align with broader principles regarding service eligibility and membership standards, potentially setting a precedent for future decisions on military inclusivity and readiness.
Sources:
- Six active duty service members file first lawsuit challenging Trump’s transgender troop ban
- Transgender service members challenge Trump’s military ban
- Court Battle Begins Over Trump’s Ban On Trans Troops