Cases & Advocacy

Talbott v. USA (Formerly Talbott v. Trump)

Status: Open

Outcome: Pending

Location: Nationwide

Jurisdiction + Case Number: US District Court for the District of Columbia 1:25-cv-240

On January 28, 2025, The National Center for Lesbian Rights (NCLR), GLBTQ Legal Advocates & Defenders (GLAD Law), and Joseph Wardenski, Principal Attorney, Wardenski P.C. have filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging President Trump’s January 27, 2025, order banning transgender people from serving in the U.S. military.   

The suit was filed on equal protection grounds on behalf of six active service members and two individuals actively seeking enlistment.  

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.  

On February 3, 2025, Plaintiffs filed a motion for preliminary injunction asking 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 preliminary injunction was granted on March 18, 2025, pausing the executive order. Defendants have appealed this ruling to the U.S. Court of Appeals for the D.C. Circuit where the preliminary injunction has been put on an administrative stay, putting the President Trump’s order back into effect. On April 4, 2025, NCLR will be arguing on behalf of Plaintiffs to deny any further stay of the preliminary injunction.