Advocacy groups are set to file the first lawsuit Tuesday challenging President Donald Trump’s executive order for the Pentagon to revise its policy on transgender troops, likely setting up ban on their service in the armed forces.
It is the same legal team that spent years fighting Trump’s ban on transgender troops in his first administration, tying it up in the courts before then-President Joe Biden scrapped it when he took office.
Trump’s new order, signed Monday, claims the sexual identity of transgender service members “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and is harmful to military readiness. It requires Defense Secretary Pete Hegseth to issue a revised policy.
“The law is very clear that the government can’t base policies on disapproval of particular groups of people," said Shannon Minter, legal director for the National Center for Lesbian Rights. "That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.”
In response, the NCLR and GLAD Law and are filing a challenge to the executive order Tuesday in the U.S. District Court of the District of Columbia, Minter said.
The groups also are challenging the executive order on the basis of equal protection.
The Pentagon did not immediately respond to a request for comment.
