Attorney General Peter F. Neronha has joined a coalition of 20 state attorneys general in filing an amicus brief supporting a lawsuit to block President Trump's executive order banning transgender individuals from serving in the military. The brief backs a request for a preliminary injunction by current and prospective transgender service members.
The coalition argues that the executive order is unconstitutional, harms national security, and discriminates against transgender people serving honorably in the military, including the National Guard across all states. The plaintiffs have filed their suit in the United States District Court for the District of Columbia, with a hearing scheduled for February 18, 2025.
“Our military members deserve our utmost respect and honor, and instead, this Administration has chosen to disrespect and villainize transgender servicemembers for no other reason beyond their identity,” said Attorney General Neronha. “This is yet another distraction from the real problems Americans are facing, for which this President has no solutions. This distraction in particular comes at the expense of the lives and livelihoods of transgender Americans serving their country with honor and distinction. It’s completely unnecessary, it’s completely un-American, and it must stop.”
The attorneys general argue that President Trump’s executive order violates the Fifth Amendment to the Constitution. They assert it would weaken military strength, harm state emergency preparedness efforts, deprive the armed forces of qualified soldiers during challenging recruitment times, and engage in discrimination contrary to state laws protecting transgender rights.
Transgender individuals have served openly since bans were lifted in 2016 and again after reversals in 2021 without negative impacts on military functions. The military's comprehensive reviews concluded that allowing service consistent with gender identity benefits national interests. The coalition contends reinstating such a ban cannot be justified by costs or concerns over unit cohesion or readiness.
Attorneys general from California, Colorado, Connecticut, Delaware, Hawai’i, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina Oregon Vermont Washington Wisconsin joined Attorney General Neronha in filing today’s amicus brief.