Attorney General James Stands with Service Members in Constitutional Challenge to Transgender Military Ban

NEW YORK – New York Attorney General Letitia James and a coalition of 20 other attorneys general today filed a brief supporting transgender service members in their constitutional challenge to the President’s Executive Order banning transgender Americans from serving in the U.S. military. Attorney General James and the coalition filed an amicus brief in the United States District Court for the Western District of Washington supporting a group of current and prospective service members’ request for a preliminary injunction that would block the administration from implementing the ban. The attorneys general argue that the Order is unconstitutional, harms national security, and discriminates against transgender individuals honorably serving in our nation’s 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 Attorney General 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.”

On January 27, 2025, President Trump issued an Executive Order titled, “Prioritizing Military Excellence and Readiness,” directing the Secretary of Defense to implement sweeping restrictions on transgender people in the Armed Forces. Attorney General James and the coalition assert that the president’s order violates the fifth amendment of the U.S. Constitution by denying service members equal protection and due process. The attorneys general also argue that the proposed ban would weaken the military, harm state emergency and disaster preparedness efforts, and deprive the military of experienced and qualified soldiers during an extremely challenging time for recruitment. The coalition also notes that the discriminatory ban violates state laws protecting transgender individuals’ right to participate fully in society. 

Today’s amicus brief is the second Attorney General James has filed opposing the transgender military ban. On February 14, 2025, Attorney General James and 16 other attorneys general filed a brief in the United States District Court for the District of Columbia supporting the plaintiffs’ request for a preliminary injunction in Talbot v. Trump. 

Transgender people have served in the military for years. A 2014 study found that approximately 150,000 veterans, active duty servicemembers, and members of the National Guard or Reserves identified as transgender. The President’s Executive Order would require the military to discharge transgender members and turn away potential recruits solely because they identify as transgender. The military has already concluded twice following 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. 

Attorney General James and the coalition also argue that this ban will negatively impact the safety and security of their states. The National Guard is critical to ensuring states’ security and disaster preparedness, and banning transgender individuals from service will harm their recruitment efforts. As a result, this ban stands to jeopardize the fundamental security operations and readiness of states across the nation. After the first, longstanding ban on transgender individuals in the military was lifted in 2016 – and again when the Trump Administration’s first attempt to ban transgender service was reversed in 2021 – transgender National Guard members came out to their superiors and peers with no negative impact on the Guard’s functions. 

Joining Attorney General James in filing this amicus brief 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.