For immediate release:
February 3, 2025
Contacts:
Amanda Johnston, GLAD Law | 617-417-7769 | ajohnston@glad.org
Malkia Hutchinson, NCLR | mhutchinson@nclrights.org
GLAD Law and NCLR, representing six transgender servicemembers and two individuals seeking to enlist, have asked a D.C. federal court to block enforcement of Trump’s transgender military ban while their case against it, Talbott v. Trump, proceeds
WASHINGTON, D.C.— The National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD Law) today asked the U.S. District Court for the District of Columbia to block enforcement of President Trump’s January 27, 2025, order banning transgender people from serving in the U.S. military, while litigation against the ban proceeds.
The motion asserts that President Trump’s ban violates transgender servicemembers’ right to equal protection, singling them out with an “irrational and prejudicial” policy based on a characteristic that has nothing to do with fitness to serve.
“Thousands of highly qualified transgender Americans have been serving with distinction for years,” said Jennifer Levi, Senior Director of Transgender and Queer Rights at GLBTQ Legal Advocates & Defenders (GLAD Law). “President Trump’s January 27 order denigrates honorable transgender servicemembers who have put their lives on the line for their country. It is a stark and reckless reversal of policy that weakens our military, pushes out experienced troops, and turns away skilled individuals who meet rigorous standards and are ready to serve.”
“Military service demands one thing: the ability to do the job,” said Shannon Minter, Legal Director at NCLR. “Transgender servicemembers consistently meet and exceed military standards. Those willing to risk their lives in service deserve our respect, not a discriminatory ban that ignores their proven capabilities.”
Both the Pentagon and the RAND Corporation spent years studying service by transgender personnel and concluded there is no military reason to prohibit transgender service members from serving openly. In a declaration in support of the plaintiffs, Alex Wagner, Former Assistant Secretary of the Air Force for Manpower and Reserve Affairs and Former Chief of Staff to the Secretary of the Army, explains why a transgender ban harms military readiness.
“Personnel policies that allow transgender service members to be evaluated based on merit rather than transgender status strengthen the military’s mission of protecting the United States; they do not jeopardize it,” concludes Wagner in his declaration. “The true power of an All-Volunteer Force that reflects the diversity of the American people is in that it enables those that don’t serve to understand it as an extension of their interests. Anyone with a propensity to serve who meets our high entry and retention standards and is courageous enough to pledge that they’ll support and defend the Constitution, should be able to do so.”
GLAD Law and NCLR filed Talbott v. Trump January 28, 2025, on equal protection grounds on behalf of six active service members and two individuals seeking to enlist. The plaintiffs in Talbott v. Trump are also represented by Joseph Wardenski, Principal Attorney, Wardenski P.C.
Case documents for Talbott v. Trump, including the motion and memo in support of preliminary injunction, plaintiff and expert declarations, supporting exhibits, and the original complaint are available at www.glad.org/cases/talbott-v-trump
About the Plaintiffs
Plaintiffs serve across all branches of the military and are contributing among the highest levels, including a Major, a Captain, a Sergeant, and a Navy Pilot. 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.
“When you put on the uniform, differences fall away and what matters is your ability to do the job,” said Nicolas Talbott, Second Lieutenant, Army. “Every individual must meet the same objective and rigorous qualifications in order to serve. It has been my dream and my goal to serve my country for as long as I can remember. My being transgender has no bearing on my dedication to the mission, my commitment to my unit, or my ability to perform my duties in accordance with the high standards expected of me and every servicemember.”
“I’ve been military my entire life. I was born on a military base,” said Ensign Dan Danridge, student flight officer, U.S. Navy. “Every day I lace up my boots the same as everybody else. I pass the same tests as everybody else. Being transgender is irrelevant to my service. What matters is that I can complete the tasks that are critical to our mission.”
“My family has a long tradition of military service and it’s the only career I’ve pursued,” said Gordon Herrero, Captain, U.S. Army. “Separating qualified Soldiers like me will create critical vacancies across the force and could jeopardize the unit cohesion and trust that are vital to our mission. There’s nothing about being transgender that makes me better or worse than any other Soldier I serve alongside. We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”
“I’ve spent more than half my life in the Army, including combat in Afghanistan,” said Kate Cole, Sergeant First Class, Army. “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.”
NCLR and GLAD Law led the legal challenge to Trump’s first transgender military ban, issued in 2017. Multiple federal courts found that ban to be unconstitutional, blocking it from taking effect for nearly two years. President Biden reversed the ban in 2021.
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The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. www.nclrights.org
GLAD Law (GLBTQ Legal Advocates & Defenders) has been a leading force in LGBTQ+ rights for nearly 50 years. With deep roots in New England and impact nationwide, we use strategic litigation, legislation, and public education to fight discrimination based on gender identity, sexual orientation, and HIV status. GLAD Law’s bold strategy and precedent-setting victories have reshaped the legal landscape, advancing equality for all people facing discrimination and social barriers. www.glad.org
