Labor & Employment Law Daily Wrap Up, LITIGATION NEWS, TRENDS—Coalition of state AGs files brief supporting transgender service members’ challenge to executive order, (Mar 3, 2025)

By Brandi O. Brown, J.D.

The coalition asserts that the order violates the Fifth Amendment of the U.S. Constitution by denying service members equal protection and due process.

Last week, New York Attorney General Letitia James announced that, along with a coalition of 20 other attorneys general, she had filed a brief in support of transgender service members who are challenging President Trump’s order banning transgender Americans from serving in the U.S. military. The order, issued on January 27, 2025, and titled, “Prioritizing Military Excellence and Readiness,” directs the Secretary of Defense to implement extensive restrictions on transgender people in the Armed Forces.

Unconstitutional, discriminatory, and unsafe. James and the coalition filed their amicus brief in federal court in Seattle, Washington supporting the current and prospective service members’ request for a preliminary injunction blocking implementation of the ban. The AGs argue that not only is the order unconstitutional, but it also harms national security and discriminates against transgender individuals serving in the military, including members of the National Guard in every state.

“All service members deserve our utmost gratitude for their bravery and sacrifice. We should be honoring their commitment, not degrading it with exclusionary policies,” said AG James. “This ban cruelly targets the transgender Americans who have dedicated their lives to protecting our freedoms. I want all transgender service members and veterans to know that we see you, we respect you, and we will always fight for you. Your service is invaluable, and we will not allow this bigoted attack to diminish your service to our country.”

Second amicus. Previously, on Valentine’s Day, Attorney General James joined an amicus brief opposing the transgender military ban in Talbot v. Trump, filed in the District of Columbia, along with 16 other attorneys general.

The NY AG’s press release also notes that a 2014 study found that approximately 150,000 veterans, active duty servicemembers, and members of the National Guard or Reserves identified as transgender, and that the military had already concluded twice, as the result of comprehensive reviews, that allowing transgender individuals to serve consistent with their gender identity is in the nation’s best interest. “Reinstating the ban simply cannot be justified by reference to costs, unit cohesion, or overall readiness,” the release explains.

Other state AGs involved. Joining James in filing the brief in Shilling v. Trump are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.

The case is No. 2:25-cv-00241-BHS.

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