Six active duty service members file first lawsuit challenging Trump's transgender troop ban

[January 29, 2025]  By TARA COPP

WASHINGTON (AP) — Six transgender active duty service members and two former service members who seek re-enlistment on Tuesday filed the first lawsuit challenging President Donald Trump’s executive order that calls for revising policy on transgender troops and probably sets the stage for banning them in the armed forces.

Trump’s order, signed Monday, claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and is harmful to military readiness. It requires Defense Secretary Pete Hegseth to issue a revised policy.

Army Capt. Gordon Herrero, one of the six active duty plaintiffs, said in a statement accompanying the lawsuit: “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively."

The six plaintiffs include a Sailor of the Year honoree, a Bronze Star recipient and several who were awarded meritorious service medals.

“I’ve spent more than half my life in the Army, including combat in Afghanistan,” said Army Sgt. 1st Class Kate Cole. “Removing qualified transgender soldiers like me means an exodus of experienced personnel."

The lawsuit is being filed by the same legal team that spent years during Trump’s first administration fighting the Republican’s ban on transgender troops, which the Supreme Court allowed to take effect even as the legal fight against it continued in the courts. Joe Biden scrapped the ban when he took office.

The lawsuit challenges the executive order on the basis of equal protection and argues that it reveals animus against a specific group.

President Donald Trump waves as he walks from Marine One upon arrival on the South Lawn of the White House in Washington, Monday, Jan. 27, 2025. (AP Photo/Rod Lamkey, Jr.)

“The law is very clear that the government can’t base policies on disapproval of particular groups of people," said Shannon Minter, legal director for the National Center for Lesbian Rights. "That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.”

NCLR and GLAD Law filed the challenge to the executive order in the U.S. District Court of the District of Columbia.

Sasha Buchert, counsel for Lambda Legal, said her group, along with the Human Rights Campaign, also plans to file a legal challenge.

The Pentagon said it does not comment on pending or ongoing litigation but "will fully execute and implement all directives outlined in the Executive Orders issued by the President, ensuring that they are carried out with utmost professionalism, efficiency, and in alignment with national security objectives.”

There is no official data on the number of transgender personnel in the military, but the number is probably in the thousands, Minter said. Unlike Trump's initial ban in 2017, the new executive order not only bans all transgender people from serving in the future but also would target those currently serving, Minter said.

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Associated Press writer Lolita C. Baldor contributed from Washington

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