Servicemembers Seek Immediate Block of Transgender Military Ban

GLAD Law and NCLR, representing six transgender servicemembers and two individuals seeking to enlist, have asked a D.C. federal court to block enforcement of Trump’s transgender military ban while their case against it, 塔尔博特诉特朗普案, proceeds

WASHINGTON, D.C.— GLBTQ Legal Advocates & Defenders (GLAD Law) and the National Center for Lesbian Rights (NCLR) today asked the U.S. District Court for the District of Columbia to block enforcement of President Trump’s January 27, 2025, order banning transgender people from serving in the U.S. military, while litigation against the ban proceeds.

The motion asserts that President Trump’s ban violates transgender servicemembers’ right to equal protection, singling them out with an “irrational and prejudicial” policy based on a characteristic that has nothing to do with fitness to serve.

“Thousands of highly qualified transgender Americans have been serving with distinction for years,” said Jennifer Levi, Senior Director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders (GLAD Law). “President Trump’s January 27 order denigrates honorable transgender servicemembers who have put their lives on the line for their country. It is a stark and reckless reversal of policy that weakens our military, pushes out experienced troops, and turns away skilled individuals who meet rigorous standards and are ready to serve.”

“Military service demands one thing: the ability to do the job,” said Shannon Minter, Legal Director at NCLR. “Transgender servicemembers consistently meet and exceed military standards. Those willing to risk their lives in service deserve our respect, not a discriminatory ban that ignores their proven capabilities.”

Both the Pentagon and the RAND Corporation spent years studying service by transgender personnel and concluded there is no military reason to prohibit transgender service members from serving openly. In a declaration in support of the plaintiffs, Alex Wagner, Former Assistant Secretary of the Air Force for Manpower and Reserve Affairs 和 Former Chief of Staff to the Secretary of the Army, explains why a transgender ban harms military readiness.

“Personnel policies that allow transgender service members to be evaluated based on merit rather than transgender status strengthen the military’s mission of protecting the United States; they do not jeopardize it,” concludes Wagner in his declaration. “The true power of an All-Volunteer Force that reflects the diversity of the American people is in that it enables those that don’t serve to understand it as an extension of their interests. Anyone with a propensity to serve who meets our high entry and retention standards and is courageous enough to pledge that they’ll support and defend the Constitution, should be able to do so.”

In addition to Wagner, declarations in support of the plaintiffs were submitted by:

  • Yvette Bourcicot, Former Principal Deputy Assistant Secretary of the Army for Man Power and Reserve Affairs
  • Gilbert Cisneros, Former Under Secretary of Defense for Personnel and Readiness
  • Shawn Skelly, Former Deputy Under Secretary of Defense for Personnel and Readiness

GLAD Law and NCLR filed 塔尔博特诉特朗普案 January 28, 2025, on equal protection grounds on behalf of six active service members and two individuals seeking to enlist. The plaintiffs in 塔尔博特诉特朗普案 are also represented by Joseph Wardenski, Principal Attorney, Wardenski P.C.

Case documents for 塔尔博特诉特朗普案, including the motion and memo in support of preliminary injunction, plaintiff and expert declarations, supporting exhibits, and the original complaint are available on our website.

About the Plaintiffs

Plaintiffs serve across all branches of the military and are contributing among the highest levels, including a Major, a Captain, a Sergeant, and a Navy Pilot. They bring decades of experience, training, and education, including a West Point education and several master’s degrees.  They have decorated careers, with commendations ranging from Sailor of the Year and Meritorious Service Medals to Joint Service Commendations and a Bronze Star. Some have been a part of decorated military families spanning generations and have served honorably throughout the country and the world on many deployments.

“当你穿上制服时，差异就消失了，重要的是你的工作能力。” 陆军少尉尼古拉斯·塔尔博特说道。 每个人都必须符合相同的目标和严格的资格要求才能服役。报效祖国一直是我的梦想和目标，从我记事起就一直如此。我的跨性别身份丝毫不会影响我对使命的奉献、对部队的忠诚，也不会影响我按照我和每位军人所期望的高标准履行职责的能力。

“我一辈子都在军中度过。我出生在一个军事基地，” 丹·丹里奇少尉，美国海军飞行学员。 “我每天都和其他人一样系好靴子。我和其他人一样通过考试。跨性别身份与我的服役无关。重要的是我能完成对我们使命至关重要的任务。”

“我的家族有着悠久的服兵役传统，这也是我唯一从事的职业，” 戈登·埃雷罗，美国陆军上尉“将像我这样的合格士兵分开，会导致整个部队出现关键职位空缺，并可能危及部队凝聚力和信任，而这些对于我们的使命至关重要。跨性别身份本身并不会让我比我并肩作战的其他士兵更好或更差。我们之所以在这里，是因为我们忠于国家，我们充满热情，愿意并且能够有效地服务国家。”

“我人生中有一半以上的时间是在军队度过的，包括在阿富汗的战斗，” 凯特·科尔，陆军一级军士长“解雇像我这样合格的跨性别士兵，意味着一批经验丰富的关键岗位人员的流失，这些人员很难被取代，这会把负担加到我们留下的战友身上。这是完全错误的——这会破坏我们军队的稳定。”

GLAD Law and NCLR led the legal challenge to Trump’s first transgender military ban, issued in 2017. Multiple federal courts found that ban to be unconstitutional, blocking it from taking effect for nearly two years. President Biden reversed the ban in 2021.