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Transgender rights advocacy groups have filed a lawsuit against former U.S. President Donald Trump’s executive order restricting transgender military service. The lawsuit, led by GLAD Law and the National Center for Lesbian Rights (NCLR), was filed in Washington D.C., challenging the order’s constitutionality under the Fifth Amendment’s equal protection clause.
Trump’s executive order, signed Monday, states that gender identity different from birth sex does not meet military standards and bans the use of non-traditional pronouns. However, it remains unclear whether currently serving transgender troops will be discharged.
The lawsuit represents six active transgender service members and two prospective recruits. Critics, including Democratic lawmakers, have condemned the order, calling it discriminatory. Senator Andy Kim criticized the decision, questioning how the military can protect all Americans if it fails to respect them.
During his first term, Trump attempted to ban transgender troops in 2017, citing medical costs and potential disruptions. His administration froze recruitment but allowed active personnel to remain. President Joe Biden reversed the policy in 2021, reinstating protections for transgender service members.
The U.S. military has approximately 1.3 million active-duty members. Advocacy groups estimate there are up to 15,000 transgender personnel, though officials suggest the number is lower.
Trump’s latest order has sparked backlash from LGBTQ+ rights groups and lawmakers, who argue it undermines military diversity and inclusion. The legal challenge marks the first major test against Trump’s Pentagon policies in his post-presidency era.
The lawsuit aims to block the executive order and uphold transgender rights within the armed forces. Rights advocates insist that service should be based on merit, not gender identity.
