Trump’s Trans Ban

The transgender military ban, a highly contentious and discriminatory policy, has been challenged by New York Attorney General Letitia James and a coalition of 20 other attorneys general. The ban, which was introduced by President Trump, has been deemed unconstitutional, harmful to national security, and discriminatory against transgender individuals serving in the military.

On January 27, 2025, President Trump issued an Executive Order titled, “Prioritizing Military Excellence and Readiness,” which directed the Secretary of Defense to implement sweeping restrictions on transgender people in the Armed Forces. Attorney General James and the coalition assert that the president’s order violates the fifth amendment of the U.S. Constitution by denying service members equal protection and due process.

The attorneys general argue that the proposed ban would weaken the military, harm state emergency and disaster preparedness efforts, and deprive the military of experienced and qualified soldiers during an extremely challenging time for recruitment. The coalition also notes that the discriminatory ban violates state laws protecting transgender individuals’ right to participate fully in society.

Today’s amicus brief is the second Attorney General James has filed opposing the transgender military ban. On February 14, 2025, Attorney General James and 16 other attorneys general filed a brief in the United States District Court for the District of Columbia supporting the plaintiffs’ request for a preliminary injunction in Talbot v. Trump. Transgender people have served in the military for years, with a 2014 study finding that approximately 150,000 veterans, active duty servicemembers, and members of the National Guard or Reserves identified as transgender.

The President’s Executive Order would require the military to discharge transgender members and turn away potential recruits solely because they identify as transgender. The military has already concluded twice, following comprehensive reviews, that allowing transgender individuals to serve consistent with their gender identity is in the nation’s best interest. Reinstating the ban simply cannot be justified by reference to costs, unit cohesion, or overall readiness.

Attorney General James and the coalition also argue that this ban will negatively impact the safety and security of their states. The National Guard is critical to ensuring states’ security and disaster preparedness, and banning transgender individuals from service will harm their recruitment efforts. As a result, this ban stands to jeopardize the fundamental security operations and readiness of states across the nation. After the first, longstanding ban on transgender individuals in the military was lifted, the military has seen no negative impact on unit cohesion or readiness.

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