Fighting for Trans Rights - Early Discrimination Lawsuits Against Trump's Administration
Posted January 31, 2025
Trump’s Executive Order that bans people of Transgender Experience from serving in the military is already on it’s way to a lawsuit. Six highly-decorated, actively-serving transgender servicemembers have paired up with GLAD and the NCLR in “Talbott v. Trump;” a lawsuit that calls this executive order what it is: blatant discrimination.
Among the 6 transgender military members filing this lawsuit with GLAD and NCLR are “a Major, a Captain, a Sergeant, and a Navy Pilot.” GLAD had the following to say about them:
“They bring decades of experience, training, and education, including a West Point education and several master’s degrees. They have decorated careers, with commendations ranging from Sailor of the Year and Meritorious Service Medals to Joint Service Commendations and a Bronze Star. Some have been a part of decorated military families spanning generations and have served honorably throughout the country and the world on many deployments.”
Kate Cole, Sergeant First Class, Army, summarized the problem excellently: “Removing qualified transgender soldiers like me means an exodus of experienced personnel who fill key positions and can’t be easily replaced, putting the burden on our fellow soldiers left behind. That’s just wrong — and it destabilizes our armed forces.”
This lawsuit is the first of what we expect to be many lawsuits challenging the constitutionality of three separate executive orders that discriminate against the Trans Community in the US.
The first order makes it the viewpoint of the federal government that trans people do not exist and puts forth actions that will attempt to erase the trans community at a federal level. Among many problems this causes, an urgent issue is that transgender women who are federal prisoners will be moved from female prisons to male prisons, making them incredibly vulnerable for violence and sexual abuse. (Source)
The second order, which triggered the lawsuit described above, removes the ability for people of transgender experience to serve in the military, regardless of qualification or tenure. This will force out extremely qualified service members and create leadership vacuums in various sectors of the armed forces. (Source)
The third order defines gender-affirming care for minors as “chemical and surgical mutilation” and claims that parents who have helped their children with the transition process have committed “child-abuse” and will attempt to strip their custody rights. To put that simply, he will try to take away children from their parents. (Source)
The ACLU (American Civil Liberties Union) and Lamba Legal - both significant forces in advocacy and legal protection of the trans community - have expressed that they will find the right opportunities to challenge these orders in court.
What Comes Next?
For immediate support, we recommend that veterans connect with TAVA or SPARTA - both excellent veteran-focused transgender support organizations - to connect with other’s going through a similar challenge. If you have been discriminated against for military service, we recommend you reach out to GLAD as they have already started a challenge for this exact issue.
For parents of trans children, we recommend reaching out to your local ACLU chapter, Lamba Legal, or GLAD if you live in the New England area. These organizations can help you prepare for what may become a challenging battle to ensure your kids get the proper care that they need.
We also welcome all people of trans experience, parents of transgender children, and organizations that directly support trans patients to join TZone.
Our secure online community, live gender-affirming coaching, global trans resource database, and self-paced transition curriculum are a great asset for those that are transitioning or supporting someone who is.