Maryland Attorney General Anthony G. Brown has joined a coalition of 20 attorneys general in filing an amicus brief to support a federal lawsuit challenging former President Donald Trump’s executive order banning transgender individuals from serving in the military. The coalition argues that the ban is unconstitutional, undermines national security, and discriminates against transgender service members, including those serving in state National Guards.
The brief, filed in the United States District Court for the District of Columbia, supports a request for a preliminary injunction brought by a group of current and prospective transgender service members. A hearing on the injunction is scheduled for February 18, 2025.
“Transgender Americans deserve the honor of serving their country through military service, just like every other American patriot,” said Attorney General Brown. “This ban dishonors every service member who makes sacrifices to protect our freedom to be our true selves.”
“Today we are filing an amicus brief to protect the rights of the hard-working military servicemembers who have dedicated their life to service and to protecting our lives and our country. The Trump Administration’s decision to single out and discriminate against transgender servicemembers is an insult to all who serve; it’s also unlawful,” said California Attorney General Bonta. “As home to approximately 2.8 million LGBTQ+ individuals, California will continue to stand up for the rights of our transgender community as they seek to live their lives as their authentic selves.”
“Everyone who serves and sacrifices for our nation deserves our respect and support, and that includes the thousands of active-duty servicemembers, veterans and members of the National Guard, as well as those who are ready to serve who are transgender,” said Connecticut Attorney General Tong. “There is no rightful reason for this ban, and I stand with the courageous servicemembers who brought this challenge.”
The coalition contends that the executive order violates the Fifth Amendment of the U.S. Constitution, which guarantees equal protection under the law. The attorneys general also argue that the ban would weaken the military by depriving it of experienced and qualified personnel at a time when recruitment challenges are already straining armed forces readiness. Additionally, the order would harm state emergency and disaster preparedness efforts, as many transgender individuals serve in state National Guards.
The brief highlights the long history of transgender individuals serving honorably in the military. A 2014 study estimated that approximately 150,000 veterans, active-duty service members, and National Guard or Reserve members identify as transgender. In fact, transgender individuals are nearly twice as likely to serve in the military as their cisgender counterparts.
The military has twice conducted comprehensive reviews—in 2016 and 2021—concluding that allowing transgender individuals to serve openly is in the nation’s best interest. These reviews found no evidence that inclusive policies negatively impact unit cohesion, readiness, or costs. Despite this, the executive order would force the military to discharge transgender service members and reject potential recruits solely based on their gender identity.
The coalition also emphasizes that the ban violates state laws protecting transgender individuals’ rights to participate fully in society. For example, after the initial ban was lifted in 2016 and again when the Trump administration’s 2021 ban was reversed, some transgender National Guard members came out to their superiors and peers without any adverse effects on their units’ performance.
“The president’s order attempting to implement a transgender military service ban is misguided and discriminatory,” Illinois Attorney General Kwame Raoul said. “Transgender individuals have honorably served in all branches of our military, serving alongside fellow Americans from different backgrounds and different corners of our country. My office has consistently advocated for the rights of transgender individuals, and I will continue to partner with attorneys general across the country to protect these rights.”
“This administration’s continuous attacks on our very small percentage of transgender-Americans, an increasingly vulnerable population, is cruel and wrong,” said Attorneys General Andrea Joy Campbell. “I greatly respect anyone, including our trans servicemembers, who puts their life on the line to protect us and our country. This latest attack on trans servicemembers flies in the face of the administration’s so-called respect for our military, our veterans and their service.”
“President Trump’s executive order banning transgender people in our military is not only unconstitutional, it does nothing to help our country’s security or the safety of everyday Americans,” said Nevada Attorney General Aaron D. Ford. “This order is a slap in the face to the transgender veterans who have served our country honorably and with distinction — it is discriminatory, hateful and unlawful.”
Attorney General Brown is joined in the amicus brief by the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
As the hearing date approaches, the coalition’s amicus brief underscores the widespread opposition to the ban and the urgent need to protect the dignity and contributions of transgender individuals in uniform.
The outcome of this case could have far-reaching implications for military policy and civil rights, making it a pivotal moment in the fight for equality and inclusion in the armed forces.
“Unlike those who devised this ban, the people serving in our armed forces have always put the interests of their country above themselves,” said New Jersey Attorney General Matthew J. Platkin. “Trump’s ban on transgender service members isn’t just discriminatory, it violates our Constitution and makes our country and our state less safe. Transgender people have honorably served our country for many years—and this ban is nothing more than making a political statement at the cost of damaging our military and disrespecting our troops. We look forward to helping to overturn this irrational and hateful ban.”
“The brave Americans who serve in the United States Armed Forces deserve our gratitude and respect,” said Wisconsin Attorney General Josh Kaul. “Singling out transgender service members for exclusion is wrong, and it promotes division rather than the best interests of the military. This unconstitutional policy should be struck down.”
“This is a blatant attack on the rights and dignity of our service members,” said Oregon Attorney General Dan Rayfield. “Oregonians believe in fairness, inclusion, and respect for all people, regardless of gender identity. This order not only undermines the people who put their lives on the line for our country, but it also weakens our military by excluding qualified and dedicated individuals.”
