Attorney General Charity Clark of Vermont has spearheaded a coalition of 20 state attorneys general in submitting an amicus brief to challenge President Trump's executive order that prohibits transgender individuals from serving in the military. The brief, filed in support of a lawsuit by current and prospective transgender service members, contends that the executive order is unconstitutional, undermines national security, and discriminates against transgender individuals serving honorably in the military.
The legal action seeks a preliminary injunction against the implementation of the executive order. A hearing is scheduled for February 18, 2025, at the United States District Court for the District of Columbia.
Attorney General Clark stated, "This executive order is not only unconstitutional – it is insulting to the transgender military members who have long served in our nation’s military, honorably and with distinction." She emphasized that being transgender does not impede one's ability to serve in the military or contribute to society. According to Clark, the Trump Administration's ban targets qualified individuals based solely on their identity and represents a regression in civil rights and equality principles.
The coalition argues that banning transgender people from military service violates the Fifth Amendment and could weaken military capabilities while affecting state emergency preparedness. The brief also highlights potential discrimination against state laws protecting transgender rights.
Transgender individuals have been part of the military for years. A study from 2014 indicated about 150,000 veterans and active-duty members identified as transgender. Despite previous bans being lifted in 2016 and reversed again in 2021, some National Guard members openly identified as transgender without affecting operations.
The states joining Vermont include California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Washington, and Wisconsin.