Six active-duty transgender service members and two former service members seeking reenlistment filed a lawsuit on Tuesday challenging President Donald Trump‘s executive order on transgender troops. The order, signed on Monday, calls for a revision of the current policy and could potentially ban transgender individuals from serving in the military.
The lawsuit argues that the order violates the principle of equal protection and is based on animosity toward a specific group. Trump’s order claims that being transgender conflicts with a soldier’s commitment to an “honorable, truthful, and disciplined lifestyle” and is detrimental to military readiness. It requires Defense Secretary Pete Hegseth to issue a new policy.
Army Capt. Gordon Herrero, one of the plaintiffs, said in a statement: “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”
The plaintiffs include a Sailor of the Year honoree, a Bronze Star recipient, and several service members awarded for meritorious service. Army Sgt. 1st Class Kate Cole, another plaintiff, said: “I’ve spent more than half my life in the Army, including combat in Afghanistan. Removing qualified transgender soldiers like me means an exodus of experienced personnel.”
The lawsuit is being filed by the same legal team that previously fought against Trump’s ban on transgender troops during his first administration. That ban was ultimately upheld by the Supreme Court but was later rescinded by President Joe Biden.
Shannon Minter, legal director for the National Center for Lesbian Rights (NCLR), said: “The law is very clear that the government can’t base policies on disapproval of particular groups of people. That’s animus, and animus-based laws are presumed to be invalid and unconstitutional.”
The NCLR and GLAD Law filed the challenge in the US District Court for the District of Columbia. Lambda Legal and the Human Rights Campaign also plan to file legal challenges.
The Pentagon stated that it does not comment on ongoing litigation but will implement all directives from the President “with utmost professionalism, efficiency, and in alignment with national security objectives.”
There is no official count of transgender personnel in the military, but estimates suggest there are thousands. Unlike Trump’s initial ban in 2017, the new order would affect both future enlistees and current service members.
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