New York Attorney General Letitia James has joined forces with a coalition of attorneys general from 20 states in a united stance against the Trump administration's executive order that effectively bans transgender individuals from serving in the military. The group has filed an amicus brief with the U.S. Court of Appeals for the Ninth Circuit, vehemently arguing to maintain a block on the said ban. "Transgender service members proudly uphold the values of our nation with honor, courage, and sacrifice," said Attorney General James in a press release. She highlighted the reliance on every qualified individual by the National Guard, particularly in times of community crises and spreading threats.
The controversial executive order titled "Prioritizing Military Excellence and Readiness" was issued by President Trump on January 27, and directly led to swiftly filed legal action. In February, Attorney General James, along with the coalition, requested the U.S. District Court for the Western District of Washington to grant a preliminary injunction to halt the implementation of the order. This appeal directly follows a March 27 decision in which the preliminary injunction was granted, an action the administration is determined to overturn. The coalition has made it clear that they firmly believe this ban would not only set back nearly a decade of inclusive progress but also would seriously compromise national security by excluding a swath of skilled and devoted servicemembers, according to the Attorney General's office.
The brief submitted to the Ninth Circuit claims that transgender individuals have effectively served in military capacities, including in the National Guard, with no discernible detriment to military readiness or efficacy. These attorneys general represent states with comprehensive civil rights laws protecting transgender residents. The order interferes with these civil rights laws, putting students in Reserve Officers' Training Corps (ROTC) programs at risk of losing scholarships and career opportunities due to their gender identity – according to the coalition's argument.
Furthermore, Attorney General James and her fellow attorneys general insist that the executive order undercuts the trust and cohesion essential to military units by necessitating those who have come out to hide their identity once again or face discharge. This has potential negative impacts on both mental health and military performance, they argue. Attorney General James’ third amicus brief opposing the ban highlights broader implications beyond military boundaries, describing it as a betrayal of service members who previously revealed their identities under earlier inclusive policies and warning that the resulting impact on morale could extend nationally, conveying a message of exclusion.
The coalition, which includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin, is now calling upon the Ninth Circuit to affirm the ruling of the U.S. District Court for the Western District of Washington, thereby preventing the executive order from being enforced.
