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Home » News » NY joins challenge to transgender military ban under Trump order

NY joins challenge to transgender military ban under Trump order

  • / Updated:
  • Digital Team 

New York has joined a coalition of 20 other states urging a federal appeals court to uphold a block on the Trump administration’s attempt to ban transgender individuals from serving in the U.S. military. The action follows a controversial executive order issued earlier this year that critics say would roll back nearly a decade of inclusive military policy.

President Trump’s January 27, 2025 executive order, titled Prioritizing Military Excellence and Readiness,” directed the Department of Defense to bar transgender individuals from military service, including active-duty forces and the National Guard. On March 27, a federal district court in Washington state issued a preliminary injunction blocking the policy from taking effect.

The administration is now appealing that decision to the Ninth Circuit Court of Appeals, where Attorney General James and her colleagues have filed an amicus brief in the case Shilling v. Trump, urging the court to uphold the block.

“Transgender service members proudly uphold the values of our nation with honor, courage, and sacrifice,” James said. “We will not allow the federal government to attack our residents and weaken our military.”

States argue ban harms national defense, violates rights

In their brief, the attorneys general argue the executive order is:

  • Unconstitutional and discriminatory against transgender individuals
  • Harmful to military readiness, particularly for National Guard units relied on during disasters and emergencies
  • In conflict with state civil rights laws, including those in New York that protect against gender identity discrimination

They warn that the policy jeopardizes the careers of current service members, veterans, and ROTC students who could lose scholarships and future commissions. Many transgender personnel disclosed their identity under previous rules allowing open service. The policy reversal, they argue, erodes trust, morale, and unit cohesion.

The brief underscores the mental health risks of forcing service members to hide their identities. Past studies cited in the filing suggest that such restrictions can lead to increased anxiety, depression, and lower performance.

The policy may reach far beyond the military. The executive order formalizes exclusion at the federal level and, according to the attorneys, delivers a “nationwide message of rejection” that will affect schools, workplaces, and communities.

This is the third amicus brief filed by Attorney General James opposing the transgender military ban. In February, she joined briefs in two other federal cases: Shilling v. Trump and Talbot v. Trump, each seeking injunctions against the policy.

Attorneys general from California, Colorado, Illinois, New Jersey, Oregon, New York, and 15 other states signed the brief.

The coalition is calling on the Ninth Circuit to affirm the lower court’s ruling and permanently block the executive order.



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