Two major LGBTQ legal organizations have launched a federal lawsuit against Donald Trump’s executive order barring transgender individuals from serving in the military. The lawsuit, filed by GLAD Law and the National Center for Lesbian Rights, represents six active-duty transgender service members and two individuals seeking to enlist. The executive order, titled “Prioritizing Military Excellence and Readiness,” revives Trump’s 2017 ban, which was overturned by President Biden in 2021. Now, trans soldiers find themselves fighting the same battle once more, as the order claims to “protect military cohesion” by excluding trans personnel.
The lawsuit argues that the ban is unconstitutional, violating the Equal Protection Clause of the Fifth Amendment. “This policy is not about military readiness—it’s about discrimination,” said Jennifer Levi, senior director at GLAD Law. “Trans service members meet the same rigorous standards as anyone else, but they are being pushed out purely for political reasons.” Army 2nd Lt. Nicolas Talbott, one of the plaintiffs, emphasized that his service record speaks for itself. “My being transgender has no impact on my commitment, my ability, or my mission readiness,” he stated.
A Political Agenda Over National Security?
Legal experts suggest that Trump’s order faces an uphill battle, especially after the Supreme Court’s landmark 2020 ruling in Bostock v. Clayton County, which determined that discrimination based on transgender status constitutes sex-based discrimination. Shannon Minter of the National Center for Lesbian Rights highlighted the hypocrisy of targeting trans individuals after years of open service. “Trans soldiers have deployed, served with honor, and met every standard required of them. This ban is not about military effectiveness—it’s about an agenda of exclusion,” he said.
Despite widespread criticism, Trump remains firm on restricting transgender service, mandating that the Defense Department halt coverage of gender-affirming care and enforce rigid gender-based policies. The executive order even bars trans service members from using facilities aligned with their gender identity. This rollback not only threatens individual careers but also sends a chilling message about the value of LGBTQ individuals in public service.
Impact on LGBTQ Rights and the Fight Ahead
Beyond the immediate harm to transgender troops, this executive order marks a dangerous precedent for LGBTQ rights in the U.S. It aligns with Trump’s broader efforts to erase trans identities from public policy, including bans on gender-affirming care and restrictions on passport gender markers. Advocates warn that if left unchallenged, this policy could inspire further discrimination in workplaces, schools, and public spaces.
While this legal battle unfolds, trans service members continue to serve with honor, despite uncertainty about their future in the armed forces. Emily Shilling, a high-ranking trans officer in the Navy, reassured her peers: “I’ve shown up every day and led my unit with excellence. My identity has never interfered with my ability to lead.” The courts now face a critical test: Will they uphold equal rights for all who wear the uniform, or will discrimination be allowed to dictate national security policies once again?