New York Attorney General Joins Coalition Opposing Transgender Military Ban

New York Attorney General Letitia James, along with attorneys general from 20 other states, has filed an amicus brief in support of transgender service members challenging a presidential executive order banning transgender individuals from serving in the U.S. military. The brief, submitted to the United States District Court for the Western District of Washington, backs a request for a preliminary injunction to halt the implementation of the ban.

The executive order, titled "Prioritizing Military Excellence and Readiness," was issued by President Donald Trump on January 27, 2025. It directs the Secretary of Defense to impose restrictions on transgender individuals serving in the armed forces. The coalition of attorneys general contends that the order violates the Fifth Amendment by denying equal protection and due process to service members. They argue that the policy would weaken the military, impact state emergency and disaster response efforts, and reduce the number of experienced and qualified personnel during a period of recruitment challenges.

The attorneys general further assert that the ban conflicts with state laws that protect transgender individuals’ rights. They cite past military reviews that found allowing transgender individuals to serve did not negatively affect military readiness or unit cohesion. Additionally, they point to the role of the National Guard, emphasizing that barring transgender individuals could hinder state security operations and disaster preparedness.

This filing marks the second amicus brief Attorney General James has submitted opposing the policy. On February 14, 2025, she and 16 other attorneys general filed a similar brief in a separate case, Talbot v. Trump, in the United States District Court for the District of Columbia.

A 2014 study estimated that approximately 150,000 veterans, active-duty service members, and members of the National Guard or Reserves identify as transgender. The attorneys general argue that discharging these individuals or preventing their enlistment solely based on gender identity is unjustified.

The coalition includes attorneys general from Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin. The case remains under review in the federal courts.