Transgender Service Members Challenge Trump's Military Ban in Federal Lawsuit
GLAD Law and National Center for Lesbian Rights file lawsuit on behalf of active-duty trans service members and trans individuals seeking to enlist
On Tuesday, two national LGBTQ legal organizations, GLBTQ Legal Advocates & Defenders (GLAD Law) and the National Center for Lesbian Rights, filed a federal lawsuit challenging President Donald Trump’s executive order barring transgender individuals from serving in the U.S. military. The suit was filed on behalf of six active-duty transgender service members and two transgender individuals hoping to enlist.
"This ban betrays fundamental American values of equal opportunity and the principle of judging individuals based on their merit," said Jennifer Levi, Senior Director of Transgender and Queer Rights at GLAD Law. "It shuts the door on qualified patriots who meet all the standards and are eager to serve their country, all to appease a political agenda. This not only undermines American values, but it also weakens our country by pushing away talented individuals who are ready to risk their lives for our nation."
The lawsuit, filed in the U.S. District Court for the District of Columbia, comes one day after Trump signed an executive order reinstating a ban on transgender military service, which had been reversed by President Joe Biden in 2021. The order, titled "Prioritizing Military Excellence and Readiness," seeks to restore a policy from Trump’s first term, limiting transgender individuals from both enlisting and serving openly in the military.
The executive order argues that the policy is necessary to "protect the American people" and maintain the effectiveness of the U.S. military. It states that military excellence must not be compromised by political agendas or ideologies that could undermine unit cohesion.
Additionally, the order directs the Department of Defense to update its medical standards within 60 days to restrict certain transition-related healthcare coverage, prevent the use of gendered pronouns, and prohibit individuals assigned male at birth from using facilities designated for women, such as sleeping, changing, and bathing areas.
The lawsuit asserts that the executive order discriminates against transgender individuals on the basis of their sex and transgender status, violating the Equal Protection Clause of the Fifth Amendment. It argues that the ban is based not on a legitimate government interest but on prejudice against transgender people.
Army 2nd Lt. Nicolas Talbott, one of the plaintiffs in the case, is a 31-year-old transgender man who has served with distinction in the Army Reserve in Pennsylvania. Talbott, who was named Honor Graduate at basic combat training for his exemplary leadership, stated, "When you put on the uniform, differences fall away and what matters is your ability to do the job. My being transgender has no bearing on my dedication to the mission or my ability to perform my duties at the high standards expected of every servicemember."
The lawsuit recalls that GLAD Law and the National Center for Lesbian Rights also challenged Trump's previous military ban in 2017, which was temporarily blocked by multiple federal courts. In 2019, the U.S. Supreme Court allowed the ban to go into effect while litigation continued.
Shannon Minter, Vice President of Legal at the National Center for Lesbian Rights, noted that the legal challenge to this ban is even stronger this time. The Supreme Court’s 2020 decision in Bostock v. Clayton County, which ruled that discrimination based on transgender status constitutes discrimination based on sex, bolsters the case against Trump’s policy. Minter emphasized that transgender service members have already proven their ability to serve, meeting all military standards and excelling in their roles.
"They’ve been deployed, they’re serving, and they’ve more than proven themselves," Minter added. "This policy has no basis in reality or need—it’s simply a reflection of animosity toward transgender people."
Commander Emily Shilling, a high-ranking openly transgender officer in the Navy, also voiced her concerns. Shilling, who serves as president of SPARTA, an advocacy organization for transgender military personnel, shared that her colleagues have rallied behind her in response to the renewed ban. "Me being transgender is the least interesting thing about me at work," Shilling said. "I’m a good leader, and my team values my leadership, not my gender identity."
Despite the ongoing legal battles, the U.S. military does not publicly report the number of transgender individuals serving, but previous estimates suggest that between 2,150 and 15,500 transgender people were serving before the policy was overturned.
In addition to the military ban, Trump’s administration issued an executive order hours after his inauguration, targeting "gender ideology" and declaring that the U.S. government would recognize only two sexes, male and female, impacting policies such as passport applications for gender marker changes.
The outcome of this lawsuit will likely have significant implications for the future of transgender service members and their rights in the military, and advocates are hopeful that the courts will rule in favor of equality and inclusivity for all those who wish to serve their country.