In a significant legal move, Attorney General Anthony G. Brown, alongside a coalition of 20 attorneys general, has filed an amicus brief to challenge President Trump’s executive order, which prohibits transgender individuals from serving in the military. The brief supports a lawsuit that seeks a preliminary injunction to halt the order, with a hearing set for February 18, 2025, in the United States District Court for the District of Columbia.
The group of attorneys general argues that the ban is unconstitutional under the Fifth Amendment, poses a threat to national security, and undermines state efforts in emergency and disaster response. Additionally, the brief points out the discriminatory nature of the ban against transgender individuals who have served or wish to serve in the military, including roles within the National Guard across various states.
Attorney General Brown emphasized that the ban disrespects the sacrifices made by military members, stating, “Transgender Americans deserve the honor of serving their country through military service, just like every other American patriot.”
Historically, transgender individuals have served in the military at rates disproportionately higher than their cisgender counterparts. A 2014 study highlighted that around 150,000 veterans, active-duty service members, and National Guard or Reserve members identified as transgender. The brief also notes that previous attempts to ban transgender service members have been overturned due to the lack of negative impact on military functions and the unjustified nature of such bans based on costs, unit cohesion, or military readiness.
The attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin have joined Attorney General Brown in this legal challenge.
