On January 28, 2025, six active-duty transgender service members and two former members seeking re-enlistment filed a lawsuit against President Donald Trump’s executive order aimed at revising military policy on transgender personnel. The order, signed on January 27, 2025, directs Defense Secretary Pete Hegseth to develop a new policy, effectively reinstating a ban on transgender individuals serving in the armed forces.
The executive order asserts that the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and poses a threat to military readiness. In response, the plaintiffs argue that being transgender does not impede their ability to serve effectively. Army Captain Gordon Herrero, one of the plaintiffs, stated, “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.”
The group of plaintiffs includes a Sailor of the Year honoree, a Bronze Star recipient, and several service members awarded meritorious service medals. Army Sergeant First Class Kate Cole, another plaintiff, emphasized her extensive military experience, saying, “I’ve spent more than half my life in the Army, including combat in Afghanistan. Removing qualified transgender soldiers like me means an exodus of experienced personnel.”
The lawsuit, filed in the U.S. District Court for the District of Columbia by the National Center for Lesbian Rights (NCLR) and GLAD Law, challenges the executive order on the grounds of equal protection. Shannon Minter, legal director for NCLR, stated, “The law is very clear that the government can’t base policies on disapproval of particular groups of people. That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.”
This legal action follows a history of policy changes regarding transgender individuals in the military. In 2017, President Trump announced a ban on transgender people serving in the military, which was later reversed by President Joe Biden in 2021. The current executive order seeks to reinstate the ban, prompting immediate legal challenges from advocacy groups.
The Pentagon has stated that it does not comment on pending litigation but affirmed its commitment to implementing the directives outlined in the executive order “with utmost professionalism, efficiency, and in alignment with national security objectives.”
