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Attorney General Nessel Stands with Transgender Military Members in Challenge to President Trump’s Discriminatory Executive Order
February 14, 2025
LANSING – Michigan Attorney General Dana Nessel today joined a coalition of 20 state attorneys general in filing an amicus brief to support a lawsuit aiming to block the implementation of President Donald Trump’s executive order banning transgender people from serving in the military. The brief argues that the executive order is unconstitutional, harms national security, and discriminates against transgender people honorably serving in our nation’s military, including the National Guard in every state.
The amicus brief filed by Attorney General Nessel and the coalition of states supports a request for a preliminary injunction filed by a group of current and prospective transgender service members. The plaintiffs filed suit in the United States District Court for the District of Columbia. The Court will hear argument on February 18, 2025.
“Everyone who puts on a uniform to protect our country deserves our respect and the opportunity to serve,” Nessel said. “Banning transgender people from military service is not only discriminatory but is also harmful to our national security and unconstitutional. Service members and those inspired to serve should feel respected, welcomed and valued, regardless of how they identify. This type of discrimination threatens the well-being of all Americans, and I proudly join my colleagues in standing with transgender military members against yet another dangerous and illegal Trump executive order.”
The coalition argues that President Trump’s executive order purporting to ban transgender people from serving in the military violates the Fifth Amendment to the Constitution. It would also weaken our military, harm state emergency and disaster preparedness, deprive the military of experienced and qualified soldiers during an extremely challenging time for recruitment, and engage in discrimination in violation of state laws protecting transgender individuals’ right to participate fully in society.
Transgender people have served in the military for years. A 2014 study found that approximately 150,000 veterans, active-duty service members, and members of the National Guard or Reserves identified as transgender. In fact, transgender individuals are about twice as likely as cisgender individuals to have served in the military. But the executive order would require the military to discharge transgender members and turn away potential recruits solely because they identify as transgender. After the first, longstanding ban was lifted in 2016, and again when the Trump Administration’s first attempt to ban transgender service was reversed in 2021, some transgender National Guard members came out to their superiors and peers with no negative impact on the Guard’s functions.
Indeed, after comprehensive reviews, the military has already concluded—twice—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.
Joining Attorney General Nessel in filing today’s amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
The amicus brief is available to read here (PDF).
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