Advocacy groups are preparing to file a lawsuit on Tuesday challenging President Donald Trump’s executive order directing the Pentagon to revise its policy on transgender service members, potentially reinstating a ban on their participation in the military.
The lawsuit will be led by the same legal team that previously fought against Trump’s initial ban on transgender troops during his first term. This ban was allowed to go into effect by the Supreme Court, even as legal challenges continued in the courts, before being overturned by President Joe Biden when he took office.
Trump’s new executive order, signed on Monday, argues that the presence of transgender service members in the military “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and could harm military readiness. The order instructs Defense Secretary Pete Hegseth to develop a new policy.
Shannon Minter, legal director for the National Center for Lesbian Rights, stated that the law is clear in that government policies cannot be based on disapproval of specific groups of people. He emphasized that such policies reflect animus, which are generally considered invalid and unconstitutional.
In response to the executive order, the National Center for Lesbian Rights (NCLR) and GLAD Law are filing a lawsuit on Tuesday in the U.S. District Court for the District of Columbia, challenging the order. The groups are also arguing that the order violates equal protection rights.
The Pentagon, in a statement, said it does not comment on ongoing or pending litigation. However, it assured that it would fully implement the directives from the President’s executive orders with professionalism, efficiency, and in line with national security goals.
While there is no official data on the number of transgender service members, Minter noted that the figure is likely in the thousands. Unlike Trump’s 2017 ban, the new executive order not only prevents future transgender individuals from joining the military but also targets existing transgender personnel, according to Minter.
