On Tuesday, six active-duty service members who identify as transgender sued President Donald Trump in federal court over his newly signed executive order banning trans-identifying individuals from serving in the military.
According to a report by the New York Post, the lawsuit, filed Tuesday in Washington, D.C., federal court, claims that the ban “discriminates against Plaintiffs based on their sex and based on their transgender status, without lawful justification, in violation of the Equal Protection component of the Due Process Clause of the Fifth Amendment.”
The executive order in question contends that “transgender people’s sexuality conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and negatively impacts military readiness.
The order, titled “Prioritizing Military Excellence and Readiness,” rescinds President Biden’s 2021 order allowing trans enlistment, and reinstates Trump’s 2019 ban on trans service members, further declaring that the government will now only recognize two sexes, male and female.
“These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” resulting in the State Department freezing all requests for gender marker alterations on passports.
The administration argues that “the pursuit of military excellence cannot be diluted to accommodate political agendas or other ideologies harmful to unit cohesion.”
Army Capt. Gordon Herrero, one of the plaintiffs, said Monday, “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. … We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”
According to NBC News, “Two reports that came out before trans people were able to serve openly — a 2014 report by UCLA Law’s Williams Institute and a 2016 report from the Rand Corp. — estimated there were 15,500 (Williams Institute) and between 2,150 and 10,790 (Rand Corp.) trans people serving.”
Court filings describe how the six current plaintiffs, each already on active duty, have allegedly served under the same expectations required of all uniformed personnel. Two additional individuals named in the case say they are prepared to meet those same standards, but cannot move forward with enlistment due to the new directive.
According to details in the suit, the executive order is alleged to unfairly discriminate against trans troops over factors unrelated to job performance. All of those named in the case argue that they remain capable of meeting the physical, mental, and ethical demands of the armed forces, and that the order places unnecessary burdens on those who have already demonstrated their readiness.
The legal action will likely test how current policy aligns with broader principles around who can serve in uniform, raising questions once again about the exact criteria by which the armed forces set their membership standards.
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On Tuesday, six active-duty service members who identify as transgender sued President Donald Trump in federal court over his newly signed executive order banning trans-identifying individuals from serving in the military.
According to a report by the New York Post, the lawsuit, filed Tuesday in Washington, D.C., federal court, claims that the ban “discriminates against Plaintiffs based on their sex and based on their transgender status, without lawful justification, in violation of the Equal Protection component of the Due Process Clause of the Fifth Amendment.”
The executive order in question contends that “transgender people’s sexuality conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and negatively impacts military readiness.
The order, titled “Prioritizing Military Excellence and Readiness,” rescinds President Biden’s 2021 order allowing trans enlistment, and reinstates Trump’s 2019 ban on trans service members, further declaring that the government will now only recognize two sexes, male and female.
“These sexes are not changeable and are grounded in fundamental and incontrovertible reality,” resulting in the State Department freezing all requests for gender marker alterations on passports.
The administration argues that “the pursuit of military excellence cannot be diluted to accommodate political agendas or other ideologies harmful to unit cohesion.”
Army Capt. Gordon Herrero, one of the plaintiffs, said Monday, “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. … We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”
According to NBC News, “Two reports that came out before trans people were able to serve openly — a 2014 report by UCLA Law’s Williams Institute and a 2016 report from the Rand Corp. — estimated there were 15,500 (Williams Institute) and between 2,150 and 10,790 (Rand Corp.) trans people serving.”
Court filings describe how the six current plaintiffs, each already on active duty, have allegedly served under the same expectations required of all uniformed personnel. Two additional individuals named in the case say they are prepared to meet those same standards, but cannot move forward with enlistment due to the new directive.
According to details in the suit, the executive order is alleged to unfairly discriminate against trans troops over factors unrelated to job performance. All of those named in the case argue that they remain capable of meeting the physical, mental, and ethical demands of the armed forces, and that the order places unnecessary burdens on those who have already demonstrated their readiness.
The legal action will likely test how current policy aligns with broader principles around who can serve in uniform, raising questions once again about the exact criteria by which the armed forces set their membership standards.
“}]]
