Attorney General James Takes Action Against Discriminatory Ban on Transgender Military Service

NEW YORK – New York Attorney General Letitia James joined a coalition of 20 other attorneys general in urging the U.S. Court of Appeals for the Ninth Circuit to uphold a block on the Trump administration’s ban on transgender people serving in the military. In an amicus brief filed in Shilling v. Trump, Attorney General James and the coalition argue that the president’s February 10 executive order, which purported to prohibit transgender individuals from military service, is unconstitutional, jeopardizes national security, and threatens the strength of the nation’s military. The attorneys general emphasize that the ban would reverse nearly a decade of progress and urge the court to uphold a preliminary injunction issued by a lower court.

“Transgender service members proudly uphold the values of our nation with honor, courage, and sacrifice,” said Attorney General James. “In New York and nationwide, the National Guard depends on every qualified individual willing to serve, especially as our communities face escalating climate disasters and other threats. My office will not allow the federal government to attack our residents and weaken our military.”

On January 27, 2025, President Trump issued an executive order titled “Prioritizing Military Excellence and Readiness,” directing the Secretary of Defense to implement sweeping restrictions on transgender people in the Armed Forces. On February 27, Attorney General James and a coalition of 20 other attorneys general filed an amicus brief in the U.S. District Court for the Western District of Washington, supporting a group of current and prospective service members’ challenge to the order and urging the court to grant their request for a preliminary injunction blocking implementation of the order. On March 27, the preliminary injunction was granted, a decision that the administration is appealing to the Ninth Circuit.

In the brief, Attorney General James and the coalition explain that transgender individuals have long served in the active-duty military and National Guard with no negative impact on readiness or effectiveness. The attorneys general emphasize that their states rely heavily on the National Guard for emergency response, public safety, and cybersecurity, and argue these missions would be jeopardized if qualified personnel were excluded based on their gender identity.

The attorneys general argue that the president’s executive order conflicts with states’ experience and state-level civil rights laws, including New York’s, which protect transgender residents from discrimination in employment, education, and other public programs. They assert the order also threatens students enrolled in Reserve Officers' Training Corps (ROTC) programs and maritime academies who face the loss of scholarships, commissions, and career paths solely because of their gender identity.

Attorney General James and the coalition highlight the devastating impact this discriminatory policy would have on transgender veterans, current service members, and those preparing to serve. They assert that many transgender service members previously disclosed their identities in reliance on past policies that allowed open service. The federal government’s recent about-face is a betrayal of those service members and could threaten morale, trust, and cohesion in military units. The attorneys general assert that forcing individuals to hide their identity under threat of discharge has well-documented negative effects on mental health and military performance. They argue the harms will likely extend beyond the military, sending a message of exclusion that will be felt across the nation.

The amicus brief is the third that Attorney General James has filed opposing the transgender military ban. In addition to the previous Shilling v. Trump brief, on February 14, Attorney General James and 16 other attorneys general filed a brief in the United States District Court for the District of Columbia supporting the plaintiffs’ request for a preliminary injunction in Talbot v. Trump.

Attorney General James and the coalition are asking the Ninth Circuit to affirm the U.S. District Court for the Western District of Washington’s ruling and block the executive order from taking effect.

Joining Attorney General James in filing this brief are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.