Attorney General Neronha stands with transgender military members in challenge to President Trump’s discriminatory executive order
Published on Friday, February 14, 2025
Attorney General Peter F. Neronha today joined a coalition of 20 state attorneys general filed an amicus brief in support of a lawsuit aiming to block the implementation of President Trump’s executive order banning transgender people from serving in the military. The brief supports a request for a preliminary injunction filed by a group of current and prospective transgender service members.
The brief argues that the executive order is unconstitutional, harms national security, and discriminates against transgender people honorably serving in our nation’s military, including the National Guard in every state. The plaintiffs filed suit in the United States District Court for the District of Columbia. The Court set the date for a hearing on February 18, 2025.
“Our military members deserve our utmost respect and honor, and instead, this Administration has chosen to disrespect and villainize transgender servicemembers for no other reason beyond their identity,” said Attorney General Neronha. “This is yet another distraction from the real problems Americans are facing, for which this President has no solutions. This distraction in particular comes at the expense of the lives and livelihoods of transgender Americans serving their country with honor and distinction. It’s completely unnecessary, it’s completely un-American, and it must stop.”
The coalition argues that President Trump’s executive order purporting to ban transgender people from serving in the military violates the Fifth Amendment to the Constitution. It would also weaken our military, harm state emergency and disaster preparedness, deprive the military of experienced and qualified soldiers during an extremely challenging time for recruitment, and engage in discrimination in violation of state laws protecting transgender individuals’ right to participate fully in society.
Transgender people have served in the military for years. But the executive order would require the military to discharge transgender members and turn away potential recruits solely because they identify as transgender. After the first, longstanding ban was lifted in 2016, and again when the Trump Administration’s first attempt to ban transgender service was reversed in 2021, some transgender National Guard members came out to their superiors and peers with no negative impact on the Guard’s functions.
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.
Joining Attorney General Neronha in filing today’s amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Vermont, Washington, and Wisconsin.
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