LGBTQ+ advocacy organizations, Lambda Legal and Human Rights Campaign, are leading a federal lawsuit against the Trump administration over a controversial executive order banning transgender individuals from military service. This landmark lawsuit, filed in the U.S. District Court-Western District of Washington, represents six active duty transgender service members, a prospective enlistee, and the Seattle-based group Gender Justice League.
The legal action argues that the 2025 Military Ban, alongside related policies, transgresses equal protection and due process rights as safeguarded by the Fifth Amendment and infringes free speech rights under the First Amendment. The plaintiffs are not only seeking declaratory judgments but also both preliminary and permanent injunctive relief to halt the enforcement of these directives.
U.S. Navy Commander Emily Hawking Shilling, one of the lawsuit’s plaintiffs, has served in the military for nearly two decades. Highlighting the unjust nature of the ban, Shilling stated, This measure isn't grounded in concerns about readiness or cohesion; it is about exclusion and targets those of us with the courage to live our truth. She emphasized the betrayal felt by service members who dedicated themselves to protect the nation.
The clash with the Trump administration escalated after President Trump signed the executive order on January 28, 2025, which undid prior policies from the Biden administration that allowed transgender individuals to serve openly according to their gender identity. Trump's directive tasked the Department of Defense with revising policies and declared that any expression of a gender identity different from one's assigned sex at birth does not meet the standards necessary for military service.
This order asserts that conditions such as receiving gender-affirming medical care are incompatible with active military duty. The administration emphasized these policies align with the historical military mission and long-standing Department of Defense standards.
Prior to this, on January 20, 2025, Trump signed another order mandating that the U.S. government recognize only the gender assigned at birth. Commander Shilling strongly denounced such assertions, stating, Declaring transgender service members as innately untrustable or dishonorable offends all who've loyally served this country.
Similar policies were introduced during Trump's initial presidency, sparking considerable legal battles. With the current order facing renewed legal challenges, organizations like GLAD Law and The National Center for Lesbian Rights have filed additional lawsuits, striving for legal recourse for affected transgender service members.
The Human Rights Campaign and Lambda Legal have positioned themselves at the forefront of this fight, championing the rights of transgender individuals in uniform. Their goal is to repeal policy changes that are perceived as regressive and detrimental to inclusivity within the armed forces. Public attention remains fixed on the outcome, as this case navigates through the judicial system, promising significant repercussions for military policy and transgender rights.