Service members sue Trump administration over transgender military service ban

Lambda Legal and Human Rights Campaign, two leading LGBTQ+ advocacy groups, filed a federal lawsuit on Thursday challenging the Trump administration over the president’s executive order banning transgender people from serving in the military.

The lawsuit, which was obtained by ABC News, was filed in the U.S. District Court-Western District of Washington on behalf of six active duty transgender service members, a transgender person seeking to enlist in the military, as well as Seattle human rights organization Gender Justice League.

“By categorically excluding transgender people, the 2025 Military Ban and related federal policy and directives violate the equal protection and due process guarantees of the Fifth Amendment and the free speech guarantee of the First Amendment,” the lawsuit said. “They lack any legitimate or rational justification, let alone the compelling and exceedingly persuasive ones required. Accordingly, Plaintiffs seek declaratory, and preliminary and permanent injunctive, relief.”

U.S. Navy Commander Emily “Hawking” Shilling, who according to the lawsuit has been serving in the military for 19 years, criticized the ban in a statement, saying that the measure is “not about readiness or cohesion, and it is certainly not about merit.”

“It is about exclusion and betrayal, purposely targeting those of us who volunteered to serve, simply for having the courage and integrity to live our truth,” Shilling said,

The lawsuit comes after President Donald Trump signed an executive order on Jan. 28, rescinding Biden administration policies that permitted transgender service members to serve openly in the military based on their gender identity.

The order directed the Department of Defense to revise the Pentagon’s policy on transgender service members and stated that “expressing a false “gender identity” divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service.”

The order further argued that receiving gender-affirming medical care is one of the conditions that is physically and mentally “incompatible with active duty.”

“Consistent with the military mission and longstanding DoD policy, expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service,” the order continued.

The executive order banning transgender service members in the military came one week after Trump signed a related order on Jan. 20, declaring that the U.S. government will only recognize a person’s gender assigned at birth.

“The assertion that transgender service members like myself are inherently untrustworthy or lack honor is an insult to all who have dedicated their lives to defending this country,” Shilling said in the statement.

Trump issued a similar order during his first term in office that was challenged in the courts and now HRC and Lambda Legal have joined other leading advocacy groups in challenging the order in the courts.

GLAD Law and The National Center for Lesbian Rights also filed a lawsuit against the Trump administration on behalf of six transgender service members on Jan. 28.

ABC News has reached out to the Trump administration but a request for comment was not immediately returned.