National/Federal Know Your Rights - GLAD Law
Skip Header to Content
GLAD Logo Skip Primary Navigation to Content

Blog

The Resistance Brief: Hard Pass on Authoritarian Rule

Blog by Ricardo Martinez (he/him), Executive Director

What once felt unthinkable is now unfolding in plain sight: the United States of America teeters precariously between freedom and authoritarianism. 

Contempt for those from marginalized communities, especially immigrants and LGBTQ people, attempted suppression of dissent by military force in Los Angeles, curtailing of due process, individual rights, and freedoms, the utilization of propaganda and disinformation, the upcoming authoritarian-like military display scheduled in DC, overt racism, and xenophobia have become increasingly common in our country.  

These malignant beliefs and practices aim to replace widespread values of equality, care for the common good, and trust in the rule of law. It is no surprise that many of us are finding it hard to keep our heads above water. Especially for so many of us living intersecting identities as queer immigrants. 

I’m a child of immigrants. My parents left their families and the lives they built in Mexico for the possibility that their children could build on their sacrifice. My mom worked cleaning houses, and my dad was a line cook. We lived in a modest one-bedroom apartment without a lot of furniture. The security guard at my elementary school helped us obtain school uniforms, and neighbors donated used furniture to help make an empty apartment feel like home. At night, my mom would manually manufacture pens – blistering her hands for twenty-five dollars a bulk-box. My parents worked so hard, and it was expected that my siblings and I would work just as hard in school. 

We didn’t live an affluent life, but we did lead a dignified one. It was a life that valued hard work, centered on family and a community of Black, Chinese, Italian, Mexican, Middle Eastern, and Russian neighbors, and felt autonomous and full of possibility. 

I grew up knowing many families who shared elements of my story: the struggle to make ends meet, fortitude for navigating language and cultural barriers, and the practice of adaptability that allowed us to unite across difference. This was the pathway to the “American Dream.”   

So, when I see videos of the way Immigration and Customs Enforcement (ICE) officers are detaining people on their daily journey to a better life at their workplaces, courthouses, and schools, it feels deeply personal. It’s hard not to see my parents’ and neighbors’ faces on the bodies that ICE agents are aggressively apprehending. I know I’m not the only one who recognizes the inhumane treatment of our neighbors – the lack of care and refusal to honor the dignity and innate value of human beings. Recognizing what we are up against is of paramount importance. Dehumanization, scapegoating, reminiscing about a romanticized past, and weaponizing agencies are all part of a broader plan. 

They have been using vulnerable communities with limited power to personify divisive political issues, creating the widespread passivity they need to normalize political violence and broader institutional control and, ultimately, destruction. 

We are all sensing this systematic destruction and are struggling with how to respond. And that is by design. The closer to the wreckage – the more pronounced the hurt and despair. This gives those who feel far away from destruction a false sense of safety and the administration more time to slowly and methodically maintain a pace of attack that no longer feels like a crisis.    

But it is a crisis. 

The stress test on just how much brutalization towards marginalized communities we will tolerate will continue until more people recognize that attacks on immigrants put every American at risk for denial of due process; attacks on transgender healthcare lead to the destruction of established medical institutions and research; PrEP coverage challenges lead to the dismantling of preventive care like mammograms, and vaccines; and school sports investigations are just one more vehicle to undermine our public education system. 

So what can we do to reject authoritarianism? 

First, you have to recognize that we are part of a greater whole, a movement, and cannot do it alone. You can choose to lean into the area of the social justice movement you feel passionate about and where your skills, talents, privilege, influence, risk-tolerance, and power have the greatest impact. And that would be enough. All actions, big or small, contribute to protecting the democratic freedoms this administration is hellbent on taking away from us. 

It’s our job to make a choice to contribute. If you can donate, give monthly. If you can protest, turn out to peaceful public demonstrations. If you have influence online, uplift the need for advocacy and the expansion of civic engagement space. If you can lead, become a leader in your community. If you make art – record the moment to history. 

The best thing GLAD Law can do is continue to show up in the ways we have – using all aspects of the law to champion LGBTQ+ rights. We are part of a greater ecosystem of organizations focused on social justice – each contributing to the whole in our areas of specialty – converging in strategic ways to protect the best things about this country and reassemble the rubble of structures that no longer serve us. 

We need to think innovatively about how we respond and also dream of a future that is being held in trust for all of us. A future where we all have an equal shot at living a good life, with access to affordable housing and healthcare, and where we can provide for ourselves and our families. A future where we don’t have to calculate risk when entering spaces that we’re unfamiliar with. A future where there is endless possibility for immigrant families living in the US. Where all LGBTQ+ people can live freely and safely. And where access to the American Dream is not anchored in white supremacy and afforded to only those who fit neatly into boxes and categories deemed worthy. The needle is being pushed toward authoritarianism, and we must push back.     

What to know, what to do: 

  • Read the blog: Jennifer Levi, Senior Director of Transgender and Queer Rights, describes the administration’s “institutional destruction”.
  • Contact your legislators: tell them to oppose anti-civil rights, anti-trans bills in Maine. 
  • Rachel Maddow: Showing up is vital, and it’s working.

Read more editions of the Resistance Brief.

Blog

From the Front Lines: Queer Eye for the Hidden Lie

Blog by Jennifer Levi, Senior Director of Queer and Transgender Rights

Jennifer Levi in a light blue button-down shirt in front of a blurred green outdoor background
Jennifer Levi

With daily crises erupting—deportations of students here legally, federal troops deployed against peaceful protesters, public health dismantled, LGBTQ+ young people under attack—it’s easy to get distracted by the chaos. But step back, and a different pattern emerges.

New administrations routinely change policy priorities, using federal oversight and funding to push institutions toward compliance with their agenda. This is normal democratic governance. But what’s happening now is different. This isn’t about institutional compliance; it’s about institutional destruction.

The daily chaos has conditioned us to expect crises, but this systematic dismantling of foundational structures feels different. It’s slower, more methodical, and doesn’t trigger the same alarm bells. It’s jarring and disorienting precisely because it doesn’t feel like the kind of crises we’ve been trained to recognize.

This administration knows that direct attacks on popular institutions generate resistance. So they’ve developed a different approach: use vulnerable communities as testing grounds to build infrastructure needed for broader institutional control and, ultimately, destruction.

This isn’t just scapegoating. It’s much more strategic. Attack the most stigmatized groups first to create legal precedents, enforcement mechanisms, and bureaucratic authorities that can later apply everywhere to destroy foundational structures of governance.

Here are three examples:

A recent Department of Health and Human Services report rejects proven care for transgender adolescents. At its strategic heart, this isn’t about transgender people—it establishes federal authority to override medical judgment. Now, the Centers for Medicare and Medicaid Services demands hospital reporting, and the FBI solicits public complaints about providers. This apparatus, once in place, can target and destroy any disfavored medical practice.

What looked like a narrow religious liberty case in Braidwood v. Becerra has morphed into an assault on the federal task force that identifies which preventive services insurance must cover. PrEP was the vehicle leveraged to try to destroy scientifically sound preventive care recommendations for everyone. Attack public health care associated with gay men, and mammograms, vaccines, and colonoscopies, potentially lose coverage too.

With investigations launched by the United States Department of Education supposedly focused on transgender athletes, schools across the country face compliance burdens far beyond LGBTQ+ students—curriculum audits, bathroom policies, and withdrawal from state programs. The demands are designed to be impossible to meet, forcing schools to choose between excluding transgender students or facing bureaucratic destruction that makes normal operations impossible. The goal is to make public education unworkable.

Each attack creates infrastructure that serves as a destruction mechanism far outlasting the initial target. The process masquerades as routine—agency reports, compliance requirements, targeted defunding. We’re conditioned to expect chaos, so systematic dismantling can feel routine or be invisible to those who think they’re unaffected.

This systematic assault demands a systematic response. GLAD Law’s surge litigation, deploying resources to swiftly challenge the administration’s most dangerous moves, represents just the kind of rapid-response strategy needed to disrupt this demolition project. By moving quickly and strategically, we can prevent these precedents from taking root and stop the infrastructure of destruction from becoming operational.

GLAD Law’s approach is clear: stop what we can, delay what we can’t stop, and grow harm reduction resources so they can be made more readily available along the way. Every injunction we win, every harmful regulation we block, and every enforcement mechanism we challenge helps preserve the democratic structures that must survive this systematic approach. The administration is counting on us being overwhelmed by the daily chaos. With queer eyes trained on their real strategy and our community standing strong together, GLAD Law is determined to prove them wrong.

News

Transgender Servicemembers Told They Must Decide by Today How They Will Be Purged from the Military: ‘Voluntarily’ or Involuntarily

“There is nothing voluntary about forced separation,” says GLAD Law’s Jennifer Levi

Defense Secretary Pete Hegseth has instructed transgender servicemembers to self-identify for separation by today, June 6—July 7 for reservists—or face “involuntary separation.” GLAD Law and NCLR report that transgender servicemembers are struggling with an impossible choice. Many say that “voluntary” separation is misleading. Yet they fear the unknown consequences of the involuntary separation process for themselves and their families. Former military leaders have also spoken out, calling the rushed nature of this ban “alarming” and noting that “military policy changes typically involve months of careful planning and timelines that account for the complexity of the military personnel system.”

GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi and NCLR Legal Director Shannon Minter, the lead attorneys in Talbott v. USA (formerly Talbott v. Trump), are transgender themselves and each have more than three decades of experience litigating landmark LGBTQ+ cases. Together, Levi and Minter also led the 2017 legal fight against the transgender military ban in Doe v. Trump and Stockman v. Trump, which secured a preliminary injunction blocking implementation of the ban. Levi and Minter responded to today’s deadline:

“There’s nothing voluntary about forced separation,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Honorable and committed transgender servicemembers are being coerced into choreographing their own dismissal under a presidential edict that maligns their character with falsehoods, characterizations the government itself admitted in court are untrue. These are decorated veterans who served for decades and forcing them out simply for being transgender is a shameful betrayal of American values.”

“The military has invested millions of dollars in training thousands of transgender servicemembers, such as Talbott plaintiff Major Erica Vandal, who was born into a military family on a base overseas, graduated from West Point, served with distinction for 14 years, deployed to Afghanistan, and has been awarded a Bronze Star,” said NCLR Legal Director Shannon Minter. “Major Vandal and others are now being forced out through a humiliating process typically reserved for misconduct that will leave a stain on their records. This mistreatment of servicemembers who have put their lives on the line for our country is needlessly cruel and a shocking betrayal of our commitment to all those who serve.”

Talbott v. USA, and a second legal challenge to the ban, Shilling v. USA, are continuing through the courts. Talbott v. USA is awaiting the United States Court of Appeals for the District of Columbia decision on the government’s motion for emergency stay. The recent Supreme Court order in Shilling does not apply to Talbott.   

Talbott v. USA (formerly Talbott v. Trump), the first legal challenge filed against President Trump’s transgender military ban executive order, is on behalf of 32 plaintiffs and brought by LGBTQ+ legal groups GLAD Law and NCLR with pro bono legal counsel from Wardenski P.C., Kropf Moseley PLCC, and Zalkind, Duncan + Bernstein.

Blog

The Resistance Brief: This week in the fight for justice

Forced Separation

Blog by Ricardo Martinez (he/him), Executive Director

Expelling courageous servicemembers who have put their lives on the line for this country is beneath contempt.  

Following the Supreme Court decision to allow the Trump administration’s transgender military ban to take effect while legal challenges continue, transgender servicemembers find themselves having to make unfathomable decisions. They must tell the military whether they will leave “voluntarily” or wait to be forced out.  

Active-duty transgender servicemembers have until today, June 6, to accept what the military has termed “voluntary” separation. Transgender servicemembers in the reserves have until July 7 to do the same. These are people who have served honorably, many for decades, earning medals and distinctions. Yet they’re being forced to choreograph their own dismissal, simply for being transgender.  

I recently spoke to a couple of our plaintiffs, who shared that many trans servicemembers can barely sleep trying to make this devastatingly difficult, life-altering decision. “It is really happening, thousands of us, many of whom have spent the majority of our lives working towards or in military service, are about to lose everything and have to start all over again from square one. It’s a very heavy feeling.” 

Servicemembers are left moving in directions that lead to the same unfavorable outcome: the end of their military careers. They are caught between a rock and a hard place – the carrot or the stick. On one hand, they take “voluntary” separation, which coerces them with “incentives” to end their career, like forgiven repayment of bonuses. On the other hand, they stay for now and face being pushed out later under even harsher terms.

This isn’t really a choice at all. Take Hunter Marquez for example. Hunter is a cadet who just graduate from the United States Air Force Academy. Recently, he completed the demanding physical and academic requirements required by the military but because he is transgender, he was not commissioned as an officer. On graduation day, he was presented with his “choice”—leave the career he’d worked toward, or face potentially repaying the full cost of his military education, a debt that would devastate his ability to launch his professional life. 

Regardless of each individual’s personal decision, honor and principle are drivers of service for each of our plaintiffs, and for thousands of other transgender servicemembers. History will record the unfairness of their expulsion. 

I can’t begin to understand the profound “sense of institutional betrayal,” as one plaintiff told me, that these servicemembers are feeling. I’m outraged by the abusive maltreatment these decorated servicemembers are receiving simply because of who they are. As the world continues to teeter between authoritarianism and freedom, I worry that this treatment is being normalized. 

We should, at all costs, fight being desensitized to the abnormal treatment of servicemembers who have historically exemplified the American values of integrity, honor, and courage. Our sense of the common good and collective well-being rests on our ability or inability to sense the chilling ripple effect of discriminatory practices aimed at our most vulnerable communities. 

Today is a heartbreaking and shameful day, as the implementation of Trump’s transgender military ban goes into effect in the short term. But our fight doesn’t end. We have many tools to challenge the hostile attacks coming our way, litigation chief among them. We are still awaiting an appellate court decision in our challenge to the transgender military ban that could yet allow these servicemembers to continue serving while our constitutional case moves forward. Whatever happens to transgender service members in the short-run, GLAD Law will keep fighting to protect them.  

We are in it for the long haul. Our plaintiffs, and our entire community, deserve no less.   

What to know, what to do: 

  • Send a message of support and thanks to transgender servicemembers.
  • Read this powerful op-ed from Wayne Maines: “I didn’t think transgender kids were real. My love for my daughter changed that.”  
  • Tell senators to say no to ripping healthcare away from millions of Americans, including thousands of LGBTQ+ adults, who are twice as likely to have Medicaid as their primary insurance. 

Read more editions of the Resistance Brief.

News

There is No Legal Basis for Threats to Providers of Transgender Youth Care

Statement from Jennifer Levi, GLAD Law Senior Director of Transgender and Queer Rights, in response to the FBI’s tweet about investigating health care providers of transgender youth:

There are no federal laws that support threats to providers of health care for transgender adolescents. This is part of an ongoing effort to intimidate doctors who are providing essential medical care. As a comprehensive, systematic review recently commissioned by the Utah legislature concluded, a strong body of medical evidence supports the safety and efficacy of this care. These efforts make it more difficult for parents to secure the health care their children need to thrive.

Read the FBI’s tweet about investigating providers.

Learn about the Utah legislature’s report.

Protect Health Care for Transgender Americans

The House of Representatives passed H.R. 1, a budget bill that would strip health care access from thousands of people nationwide, with especially devastating consequences for low-income, Black, Indigenous, disabled, and LGBTQ+ communities. The bill passed by the House also contains specific amendments targeting health care for transgender people.

Tell your Senator to protect transgender health care and reject H.R. 1!

Learn more about the bill and its impact from The Advocate.

Check out the Williams Institute’s May 2025 report examining reliance on Medicaid among LGBTQ adults, the impact of Medicaid expansion, and the potential effect of proposed changes to work requirements.

Blog

The Resistance Brief: This week in the fight for justice

Fighting for our Lives, Again

Blog by Ricardo Martinez (he/him), Executive Director

Since the days of Anita Bryant, anti-LGBTQ+ forces have fueled a public narrative aimed at fostering negative attitudes, beliefs, and stereotypes about LGBTQ+ people. Through a combination of social, cultural, religious, political, and legal strategies, descendants of Anita have tried to narrowly characterize, villainize, and paint queer people as a danger to children, women, and society. 

The architects of online disinformation targeting transgender people recycle the same formula Anita Bryant used to galvanize her followers in the 1970’s: 1) identify something about our community not widely understood by Americans, 2) fill that knowledge gap with disinformation, 3) use the resulting fear to manufacture outrage, and 4) use that mass hysteria as an excuse to further marginalize and legislate against us – ALL OF US

Just before 7 am last Thursday, following a late night debate while most of us were sleeping, the US House of Representatives narrowly passed H.R. 1 – a massive bill containing sweeping cuts to Medicaid, SNAP benefits, access to reproductive care, and after the addition of a 42-page manager’s amendment, access to health care for transgender people.  

Medicaid cuts will make care less accessible and more expensive for those who need it most, including poor, elderly, and disabled Americans. Approximately 1.8 million LGBT adults have Medicaid as their primary source of health insurance. And these cuts will also will impact HIV treatment, screening, and preventative services. 

Whatever the calculus used, I don’t understand why 215 US representatives would tolerate the suffering of hungry children, disabled Americans who require long-term care, and the loss of access to necessary health care of millions. The real danger to children, women, and society is apathy – the collective consciousness’ indifference to agony, suffering, and the embrace of detachment and numbness.  

When we allow ourselves to be coerced into believing that poor families do not deserve assistance, or that accessing health care is a right only given to those whose care we deem necessary and appropriate, we erode our intrinsic capacity to empathize with our neighbors. And that leads to irreparable harm for so many of us. 

We are seeing a clear pattern in this administration’s behavior – with each harmful action, the impact is stretched, broadened, just enough that it continues to largely impact only those in our society who have historically had less power. Their initial targets were transgender and queer people, women, Black and Brown people – and now this bill doubles down on targeting those groups while also harming poor people, disabled people, children, and the elderly.  This harm is felt regardless of political persuasion, and regardless of the ability of people to even recognize it.  

But just because we, as individuals, have less power than billionaires who seek to control us doesn’t mean that we do not have tremendous collective power.  

As LGBTQ+ people, we can learn from the health care advocacy of our ancestors. I think about ACT UP and the sheer amount of policy change those fearless activists were able to propel. Their model was one that we can learn from in this moment of high stakes and competing visions for a way forward.  

Though it was one larger movement, the strategy and action of ACT UP was driven by smaller affinity groups – groups of artists, feminists and, in many cases, friends, fighting for their own lives in the way that they knew best. Instead of seeking consensus, which is often difficult to achieve quickly enough for the most urgent of times, each small group drove initiatives that were most important to them. Then, at every meeting, the groups would read this unifying statement: “ACT UP is a diverse, non-partisan group of individuals united in anger and committed to direct action to end the AIDS crisis.” Together, they forced the country to recognize the severity of the crisis through innovative protest and communications tactics, while also convincing government agencies to be more proactive in combatting the disease.  

As LGBTQ+ people, we again find ourselves fighting for our lives, united in resistance. But we do so alongside countless other communities facing existential threats. We must all fight beside each other, each in the way that we know best, for the health and safety of our communities and for the common goal of the health and safety of all Americans.  

We can be one resistance movement, in solidarity with each other, and still bring our expertise to focus on the issues that most deeply impact our unique communities. And the collective impact can be, and will be, greater than any of us could achieve alone.  

What to know, what to do: 

  • Learn more about the harmful impact of H.R. 1, if passed, on transgender people of all ages in The Advocate.  
  • Demand that your senators protect critical funding for essential health care by voting no on H.R. 1. 
  • Read more about ACT UP’s innovative structure and strategies in this interview with activist and author Sarah Schulman. 
  • Find us at your local Pride in the coming months – come say hi or march with us at Boston Pride for the People!  

Read more editions of the Resistance Brief.

Blog

The Resistance Brief: This week in the fight for justice

Really? Rainbow Flags? 

Blog by Ricardo Martinez (he/him), Executive Director

I was recently asked to take part in a flag raising ceremony to commemorate Pride Month. I’ve agreed to attend the event because showcasing a city’s commitment to the values of liberty and progress reminds me of the future we are co-creating right now. Raising the Pride flag is a celebration of the sacrifices made on behalf of equality and justice by those who came before me and a reminder that there is still much to be done to safeguard that progress – including fighting for the ability to display this symbol of hope, promise, and expression. 

I was not out and proud in high school. But classmates who were part of the Gay Straight Alliance (GSA) were, and the pins, flags, and t-shirt they wore made me feel that if I could muster up the courage to say the words, I’m gay, that I would have community who would welcome me.  

As an adult, I came to understand the power that visual signals have in communicating messages of hope, inclusion, respect, and belonging. As someone who has worked at various organizations that focus on school belonging, education equity, and post-secondary education attainment, I have learned that supportive adults, the existence of GSA clubs and inclusive curriculum help queer kids feel valued and respected. An ally educator displaying a pride flag can make the difference on whether a queer kid feels out of place and misunderstood or seen and validated.

Having a sense of belonging increases queer students’ class attendance, participation in extracurricular activities, and educational aspirations. This is why it’s so alarming that lawmakers from more than a dozen states across the country have prioritized trying to ban the display of Pride flags in schools. These attacks on symbols of affirmation and inclusion for queer and trans youth come on the heels of efforts to ban books, intimidate LGBTQ+ teachers to remain in the closet, and out queer kids to their parents. The result is schools that feel much less welcoming to LGBTQ+ young people.

The bans are especially tragic at this time when LGBTQ+ kids – especially transgender and nonbinary youth – are being scapegoated for political gain and need symbols of hope and affirmation more than ever.   

Moonlighting as an effort to achieve political neutrality – even as the very nature of these restrictions on free speech are politically motivated – lawmakers have escalated local efforts. So-called “parent’s rights” groups like Moms for Liberty are leading attempts to ban flags and symbols of inclusion in school districts across the country, and even in more progressive states like California and Massachusetts. Some have been adopted despite robust public debate, while others have been defeated.  

Utah was the first state to limit the display of flags at schools and government buildings. Only an approved list including the United States flag, military flag, college, and state flags can be displayed without consequence. The law imposes a $500 a day fine on government employees who choose to display any flag not on the approved list – including the Pride flag. The law also encourages school staff to act as informants to enforce the law – pitting school staff against each other and holding harmless the reporting party – further emboldening vigilante actors with animus against the community.

Cunning, clever, and vague language within legislation that avoids outright biased text but accomplishes discriminatory goals is a part of the strategy. But when you look at the witness list and recognize the organizations who are showing up in support of bills like this it’s easy to recognize the target: the LGBTQ+ community. The same organizations showing up to testify in support of anti-trans and anti-LGBTQ+ bills have shown up to testify in support of these flag ban bills. In Utah, 72% of testifiers were against the bill. In Arizona 88% of people opposed it. And in Texas 93% of witnesses disapproved of the bill.  

These are not popular policies and yet they are being championed and prioritized by far-right lawmakers who are looking to import and implement attacks on LGBTQ+ people and limits on free speech from Washington D.C. In Wisconsin, the bill was introduced shortly after Secretary of State Marco Rubio sent similar guidance to U.S. embassies – effectively banning the Pride flag in U.S. consulates abroad.

And while copy-cat flag ban bills continue to pop up in state legislatures, their success is not imminent. Florida’s HB 75/SB 100 which aimed to ban Pride flags from government buildings, schools and universities recently failed, thanks in part to Equality Florida’s effort to mobilize their largest advocacy week ever. It was people power that determined the fate of this bill.

Many folks are looking for a way to join the resistance against the myriad of attacks on our community right now. As local organizations and groups have proven, community engagement on this issue can create the pushback necessary to stall these poorly disguised attempts to reduce our visibility and demoralize us. In our town and cities, we have agency, and we have collective power to build the future we deserve.

Banning Pride flags does not achieve political neutrality – it infringes upon, sets a dangerous precedent, and undermines our civil rights and expression.

What to know, what to do: 

  • Read about how mayors in Boise and Salt Lake City have adopted official city flags with affirming symbols to allow their display in city buildings despite state laws designed to ban them.  
  • Find us at your local Pride in the coming months – come say hi or march with us at Boston Pride for the People!   
  • Check out our website to start, grow, or strengthen your GSA with youth-centered resources and rights info. 
  • Check out your town or city election calendar – many local elections are held “off-cycle,” including in May or June – and pay close attention to local races with big impact, including School Committee/Board and City Council.  

Read more editions of the Resistance Brief.

Blog

The Resistance Brief: This week in the fight for justice

When the Supreme Court Fails Us

Blog by Ricardo Martinez (he/him), Executive Director

A roadblock versus a dead end. That is how I look at setbacks in this work. A roadblock is a temporary enclosure, and a dead end provides little to no opportunity for further forward movement.  Both are painful. We love this work, and we care deeply about our clients, so any time our movement is granted a less than favorable result it hurts profoundly.  

On May 6, the Supreme Court of the United States, in our partners’ case US v. Shilling, granted the Trump administration’s request to allow it to implement the transgender military ban. 

The Supreme Court’s decision to allow the military ban to go into effect is heartbreaking. We know the devastating and irreparable harm this will cause our 32 clients, and the thousands of qualified transgender servicemembers who are serving honorably and putting their lives on the line for our country  

Moreover, this sends a far reaching and dangerous signal to the American people about the permissible standard of how we treat transgender people. Transgender people deserve so much better. 

While this decision only adds to the chaos and destruction caused by this administration, it’s not the end of the case. We are recognizing the roadblock and detouring to the next strategic move. The law is a fine art; we have ways to continue advocating for change even when doors appear to be closing. In moments like this, we acknowledge and experience the grief, and then set it aside to focus on the next right thing to do on behalf of our clients and our movement, and to uphold our democracy. In the short time I have been here, our staff has taught me that the practice of law requires creativity, innovation, and persuasion.  

Within 24 hours of the Supreme Court decision, our team filed a late-night letter brief informing the DC Circuit Court of Appeals – the court weighing the preliminary injunction in our case Talbott v. US – that the Supreme Court’s explanation-less order failed to consider animus. Therefore, the ruling does not control in Talbott, and the preliminary injunction blocking implementation of the ban should remain in effect.    

With our filing, we included the shameful public statements about transgender people made by the Secretary of Defense that debase both himself and all Americans through his rhetoric. We don’t know yet how the DC Court of Appeals will rule, but our challenge will continue in the courts no matter what. By continuing to fight, we embody our values and mission by embracing urgency and perseverance – building the collective will necessary to endure and effect meaningful change for LGBTQ+ people. 

Since the decision, our staff has had conversations with our plaintiffs and, while this is crushing news for them, they are clear that this is not the end of the road. They will continue fighting. Even while facing imminent upheaval and loss, these courageous clients are displaying consummate leadership, preparing to impart and transfer critical information to others in their unit. Always thinking about the mission first shows so much character, underscores their commitment to country, and exemplifies their high standard of professionalism. 

An unexpected rerouting can point us towards a path of least obstruction – towards a better tomorrow where the valor of service members is not questioned simply because of their gender. We remain committed to our strategy: stopping what we can, slowing what we can’t stop entirely, and working toward a future where everyone’s contributions are recognized and difference is valued for the vibrance it contributes to our communities and our country.  

When others fail to show up for us – whether it be the Supreme Court, elected officials, or even our own neighbors – it is all the more vital that we continue to show up for ourselves and for our community. And that’s something we’ll never stop doing.  

What to know, what to do: 

Read more editions of the Resistance Brief.

Blog

The Supreme Court Let the Ban Stand. Our Fight Continues. 

Blog by Joshua Rovenger, Legal Director (he/him) 

This week, the Supreme Court issued a ruling in Shilling, a case brought by our partners challenging the administration’s ban, that paves the way for Trump’s purge of military service members while cases against the ban continue.  

I struggle to find the right words in moments like this. I know that there’s nothing to say to make the court’s decision easier, especially for the thousands of transgender servicemembers and their loved ones. So, I’ll just speak from the heart.

There’s been so much vitriol and chaos coming from the Executive Branch, that I often find it hard to focus on anything else, including the threat from this Court. I’m surprised to be surprised though; this Supreme Court has repeatedly told us who they are. They have been hostile to progressive values and overturned decades of long-standing law at break-neck pace.  

And yet, with so much coming at us from the President, my mind minimized that threat and even expected more from the Court. Today was a gut punch of a reminder. It can feel exhausting to swallow bad decision after bad decision from the Justices.   

My head and heart are also with our clients and community. As you know, the decision will have immediate impacts on them. It’s an almost unfathomable reality to accept that the President can simply target and harm trans service members in this way. It’s cruel for the sake of cruelty.   

At the same time, I’m also trying to focus on the gratitude I have for the GLAD Law team and our clients. Our clients are deeply courageous and patriotic. They are the best of this country. And we are committed to ensuring that others heard their story and will know the injustice of this outcome.  

The ruling, as awful as it is, is not the end of the case. Our litigation against the ban will continue. We will continue to ensure our plaintiffs’ stories are heard.  

I can’t pretend to know the perfect answer for what comes next, or the exact strategy to navigate the lawlessness we’re facing. But amidst the sadness and frustration, I have hope and pride.  

Hope, because we’re following in the footsteps of like-minded folks who also faced oppressive regimes and regressive Courts. For sure, they faced setbacks; and yet, they pushed the world forward. Our collective past tells us that we can do the same.  

Pride, because even in five short weeks as GLAD Law’s Legal Director, I have seen so much passion and commitment from this team, that it’s hard to imagine being anywhere else at this moment.  

We are all carrying a lot right now and we’ll all experience setbacks differently. As we navigate this and other attacks on our community together, I hope we all give each other some grace. And some space to grieve. We have a lot of work to do and many more cases to come. I can’t promise it will get easier or that we’ll win them all. But I know we’ll do the critical work — spending the coming days, weeks, and months thinking creatively and strategically to continue to meet this moment.  

I’m deeply grateful to be in this with all of you. 

en_USEnglish
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognizing you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful.

To learn more, visit our privacy policy.