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Friday, February 21, 2025

Attorneys general challenge Trump's ban on transgender military service

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Governor Phil Murphy | Official Website of Phil Murphy

Governor Phil Murphy | Official Website of Phil Murphy

New Jersey Attorney General Matthew J. Platkin has aligned with a coalition of 20 state attorneys general to file an amicus brief supporting a lawsuit against President Trump's executive order that bans transgender individuals from serving in the military. The brief argues that this executive order is unconstitutional, undermines national security, and discriminates against transgender people who are honorably serving in the military, including the National Guard.

The coalition's amicus brief backs a request for a preliminary injunction filed by current and prospective transgender service members. This legal action is taking place in the United States District Court for the District of Columbia, with a hearing scheduled for February 18, 2025.

Attorney General Platkin stated, “Unlike those who devised this ban, the people serving in our armed forces have always put the interests of their country above themselves,” adding that “Trump’s ban on transgender service members isn’t just discriminatory; it violates our Constitution and makes our country and our state less safe."

The coalition contends that President Trump's executive order breaches the Fifth Amendment of the Constitution. They argue it would weaken military effectiveness, harm state emergency preparedness efforts, reduce experienced personnel during challenging recruitment times, and violate state laws protecting transgender rights.

Statistics indicate that approximately 150,000 veterans and active-duty service members identify as transgender. Transgender individuals are reportedly twice as likely to serve in the military compared to cisgender individuals. The executive order mandates discharging current transgender service members and rejecting potential recruits based solely on their gender identity.

Past comprehensive reviews by the military concluded that allowing transgender individuals to serve according to their gender identity aligns with national interests. The reintroduction of this ban cannot be justified by cost concerns or impacts on unit cohesion or readiness.

Joining Attorney General Platkin are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, North Carolina, Oregon, Rhode Island Vermont Washington Wisconsin

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