Attorney General Kwame Raoul of Illinois, along with attorneys general from 20 states, is opposing an executive order issued by the Trump administration that bans transgender Americans from serving in the military. The coalition filed an amicus brief to support a lawsuit aiming to prevent the order's implementation.
The attorneys general contend that the executive order violates constitutional rights, undermines national security, and discriminates against transgender individuals who serve honorably in various military branches, including state National Guards. Their brief backs a request for a preliminary injunction by current and prospective transgender service members.
"The president’s order attempting to implement a transgender military service ban is misguided and discriminatory," stated Attorney General Raoul. He emphasized that transgender individuals have served honorably across all military branches alongside fellow Americans from diverse backgrounds. "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."
The brief argues that President Trump's executive order contravenes the Fifth Amendment of the Constitution. It asserts that this policy would weaken military readiness, compromise state emergency preparedness efforts, deprive the military of skilled personnel during recruitment challenges, and violate state laws protecting transgender people's societal participation rights.
Transgender people have been part of the U.S. military for many years. A 2014 study estimated about 150,000 veterans and active-duty service members identified as transgender. Transgender individuals are statistically twice as likely to serve compared to cisgender counterparts. The executive order mandates discharging or rejecting recruits solely based on their gender identity. Previous bans were lifted in 2016 and reversed again in 2021 under different administrations without negatively affecting National Guard operations.
Military reviews have concluded twice that allowing service consistent with gender identity benefits national interests. Cost concerns or impacts on unit cohesion do not justify reinstating such a ban.
Attorneys general joining Raoul include those from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.