Transgender service members have filed a lawsuit challenging U.S. President Donald Trump’s ban on transgender individuals serving in the U.S. military.
The lawsuit, filed by two national LGBTQ legal organizations on January 28, 2025, represents six active-duty transgender soldiers and two transgender individuals seeking to enlist.
The legal action targets Trump’s executive order that not only restricts military service for transgender people but also issued a directive after his inauguration that declared the U.S. government would recognize only two genders, male and female, effectively halting sex-marker changes on passports.
Jennifer Levi, Senior Director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders (GLAD), condemned the ban, saying, “It betrays fundamental American values of equal opportunity and judging people on their merit. It pushes away qualified patriots who meet every standard and want to serve their country, simply to appease a political agenda. That’s not just un-American, it makes our country weaker.”
The lawsuit, filed in the U.S. District Court for the District of Columbia, also challenges Trump’s 2021 executive order, which reverses a previous policy allowing transgender people to serve openly. The new policy emphasizes military excellence and readiness, claiming that “the pursuit of military excellence cannot be diluted to accommodate political agendas.”
The lawsuit argues that the ban violates the Equal Protection Clause of the Fifth Amendment, discriminating against transgender people without lawful justification. The plaintiffs, including Army 2nd Lt. Nicolas Talbott, a transgender man who has served with distinction, argue that being transgender does not affect their ability to perform their duties or serve their country.
Shannon Minter, Vice President of Legal at the National Center for Lesbian Rights, pointed out that the Supreme Court ruling in Bostock v. Clayton County (2020) found that discrimination based on transgender status is discrimination based on sex, meaning the military ban must meet a high standard to justify such discrimination.
Transgender service members have been serving openly for four years, meeting all military standards and demonstrating their dedication. Despite this, the renewed ban reflects ongoing hostility toward transgender individuals, as expressed in the executive order’s language about gender identity conflicting with military values.
Commander Emily Shilling, one of the highest-ranking openly transgender individuals in the Navy, shared her support from colleagues, emphasizing that her leadership abilities far outweigh her gender identity.
Studies estimate that between 2,150 and 10,790 transgender individuals currently serve in the U.S. military, showcasing their ongoing contributions despite the challenges they face.
