Transgender Military Personnel Challenge Trump Administration's Executive Order

Created: JANUARY 26, 2025

Six active-duty transgender service members and two aspiring recruits have initiated legal action against the Trump administration, contesting an executive order concerning transgender individuals in the military. President Trump's order, signed on Monday, asserts that embracing a gender identity differing from one's biological sex clashes with the principles of military service, including honor, truthfulness, and discipline.

The order argues that acknowledging a person's claimed gender identity that contradicts their biological sex undermines the selflessness expected of service members. It further contends that accommodating "political agendas or other ideologies" detrimental to unit cohesion hinders the military's mission. The administration cites established Department of Defense policy requiring service members to be free from medical conditions necessitating excessive treatment, asserting that the medical procedures associated with gender transition don't meet the military's stringent standards.

American flag on a U.S. Army uniform

The plaintiffs argue that the executive order is unconstitutional, violating the Equal Protection Clause of the Fifth Amendment. They seek a federal court injunction to prevent its enforcement. The lawsuit alleges the ban stems from prejudice against transgender individuals rather than legitimate governmental interests.

The plaintiffs, including a Sailor of the Year, a Bronze Star recipient, and several recipients of meritorious service medals, claim the order will unjustly disrupt their military careers. Army Sgt. First Class Kate Cole, a 17-year veteran, expressed concerns about the loss of experienced personnel, particularly those in key roles, and the added strain on remaining soldiers. Cole, a combat veteran who served in Afghanistan, emphasized that being transgender doesn't impact her ability to serve effectively.

Pete Hegseth and Donald Trump

Another plaintiff, Army Capt. Gordon Herrero, highlighted his family's military heritage and his lifelong commitment to service, asserting that being transgender doesn't affect his competence as a soldier. The lawsuit, supported by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD Law), argues that government policies cannot be grounded in disapproval of specific groups.

President Trump and Defense Secretary Hegseth have pledged to eliminate what they deem "woke" initiatives within the military, prioritizing the development of a potent fighting force free from political influences. The executive order contends that the armed forces have been impacted by "radical gender ideology," which it claims detracts from essential military qualities such as physical and mental health, selflessness, and unit cohesion.

US soldiers and flag

The Pentagon declined to comment on the pending litigation but affirmed its commitment to implementing all presidential directives professionally and efficiently, aligning with national security objectives. They referred questions regarding the lawsuit to the Justice Department.

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