Six transgender active-duty service members have filed a lawsuit challenging President Trump’s executive order banning transgender individuals from military service.
Top Takeaways
- President Trump’s executive order aims to reinstate a ban on transgender individuals serving in the military.
- The lawsuit claims the ban violates the Fifth Amendment’s Equal Protection Clause.
- Plaintiffs argue the ban imposes unfair restrictions on capable service members who meet military standards.
- The case highlights tensions between inclusivity and perceived military readiness concerns.
Legal Challenge to Trump’s Transgender Military Ban
A group of six active-duty service members and two former service members identifying as transgender have filed a lawsuit against President Donald Trump’s executive order banning transgender individuals from military service. The case, heard in Washington, D.C.’s federal court, alleges that the ban is discriminatory based on gender and transgender identity, contravening the Fifth Amendment’s Equal Protection Clause.
The executive order, titled “Prioritizing Military Excellence and Readiness,” rolls back a former directive that accepted transgender enlistment. It aims to revise policy on transgender troops, potentially banning them from the armed forces, citing concerns of military readiness. The order also restricts transition-related medical care and bars certain facility access based on birth-assigned gender.
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
Arguments for Military Readiness
The Trump administration asserts that military excellence should not be compromised by political agendas or ideologies affecting unit cohesion. The executive order claims that transgender service members’ identity conflicts with military values and readiness.
Supporters of the ban argue that it protects military effectiveness and unit cohesion. The Pentagon has stated it will implement the executive order as directed, without commenting on the ongoing litigation.
Transgender Service Members’ Perspective
The plaintiffs, who meet existing military standards, argue that the ban imposes unfair restrictions on capable service members. The lawsuit highlights that these individuals have demonstrated their ability to serve effectively and that being transgender does not affect their performance.
“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 include decorated service members, such as a Sailor of the Year honoree and a Bronze Star recipient. They argue that transgender individuals have been serving openly for four years, demonstrating their capability and meeting military standards.
Legal Arguments and Implications
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. The case is strengthened by the Supreme Court’s 2020 decision in Bostock v. Clayton County, Georgia, which recognized discrimination based on transgender status as sex discrimination.
“The law is very clear that the government can’t base policies on disapproval of particular groups of people. That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.” – Shannon Minter
The lawsuit was filed in the U.S. District Court of the District of Columbia by NCLR and GLAD Law. Additionally, Lambda Legal and the Human Rights Campaign plan to file a separate legal challenge. This case serves as a focal point in the ongoing dialogue about military service criteria, questioning how to harmonize principles of inclusivity with perceived unit cohesion needs.
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
