Trump Sued by Trans Troops Again Over Ban on US Military Service

Feb. 6, 2025, 10:21 PM UTC

President Donald Trump was hit with a lawsuit Thursday by transgender service members arguing an executive order barring transgender people from the armed forces is unconstitutional.

Seven current members of the military, as well as transgender advocacy group Gender Justice League, filed the complaint in the US District Court for the Western District of Washington. It’s at least the second such challenge to Trump’s Jan. 27 order, on the heels of another lawsuit by a coalition of service members in the US District Court for the District of Columbia.

The order violates the US Constitution’s equal protection clause by discriminating based on sex and transgender status without a legitimate justification, the complaint argues. The order and related federal policy directives “are based on impermissible animus towards transgender people,” the complaint says.

The order also violates the Constitution’s free speech clause by penalizing service members’ self-expression based on viewpoint, the complaint argues. And the order violates the Constitution by depriving the service members of their careers and related benefits without due process, the complaint says.

The White House didn’t immediately respond to a request for comment.

The service members are asking the court to declare the order unconstitutional, issue a preliminary and permanent injunction blocking it, and award attorneys’ fees and costs.

Trump in 2017 vowed to ban trans troops, triggering earlier litigation. In 2019, a divided US Supreme Court cleared Trump to start barring transgender people from serving while the suits continued. The legal fight wasn’t resolved in 2021 when then President Joe Biden reversed Trump’s policy.

Perkins Coie LLP, Lambda Legal Defense and Education Fund Inc., and Human Rights Campaign Foundation represent the service members and advocacy group.

The case is Shilling v. Trump, W.D. Wash., No. 2:25-cv-00241, complaint filed 2/6/25.


To contact the reporter on this story: Mike Vilensky at mvilensky@bloombergindustry.com

To contact the editor responsible for this story: Kiera Geraghty at kgeraghty@bloombergindustry.com

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