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Washington Attorney General Co-Authors Amicus Brief with 20 States Challenging Transgender Military Ban

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Published on February 28, 2025
Washington Attorney General Co-Authors Amicus Brief with 20 States Challenging Transgender Military BanSource: Unsplash/ Joel Rivera-Camacho

In a significant legal move, Washington Attorney General Nick Brown has co-authored an amicus brief with 20 other states, challenging the president's ban on transgender military personnel. The states argue that the policy violates the Constitution and harms national security, including the National Guard.

According to the Washington State Attorney General's Office release, the lawsuit, Shilling v. Trump, features Commander Emily Shilling, a decorated U.S. Navy veteran with over 20 years of service and more than 60 combat missions. As a transgender individual, Shilling's ability to continue serving is at risk. The states' brief supports her case by highlighting how the ban conflicts with state laws protecting transgender rights.

This action comes at a critical time when recruiting new members to the military is becoming more difficult. The amicus brief, co-authored by Vermont and Washington's Attorney General's Offices, states that excluding skilled transgender service members weakens the military. The president's order "not only violates the Constitution…but it will also weaken our nation’s military, including the National Guard, and undermine the Amici States’ institutions and efforts to protect their communities," the brief states in the same release.

The legal support for Shilling's case extends beyond Washington, with states like California, New York, and Illinois joining the brief. These states argue that transgender service members should be judged based on their ability and commitment, not their gender identity.