On August 9, 2017 the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD) filed a lawsuit on behalf of five service members who identify as transgender challenging the President Trump’s directive to ban transgender individuals from serving in the U.S. Armed Forces. According to the complaint, “The directive to reinstate a ban on open service by transgender people violates both the Equal Protection component of the Fifth Amendment and the Due Process Clause of the Fifth Amendment to the United States Constitution.”
The lawsuit also notes, “The categorical exclusion of transgender people from military service lacks a rational basis, is arbitrary, and cannot be justified by sufficient federal interests.”
The Plaintiffs seek “a declaratory judgment that the President’s directive to categorically exclude transgender people from military service is unconstitutional;” a “preliminary injunction prohibiting the categorical exclusion of transgender people from military service;” a “permanent injunction prohibiting the categorical exclusion of transgender
people from military service;” and “reasonable costs and attorneys’ fees.”
LGBTQ rights groups sue Trump over transgender military ban — thehill.com
NCLR and GLAD File Lawsuit Challenging Trump’s Directive to Reinstate Ban on Transgender Military Service — NCLR
Jane Doe 1-5 v. Trump — complaint filed August 9, 2017
In a series of Tweets on July 26, U.S. President Donald Trump announced plans to ban transgender individuals from serving in the U.S. Armed Forces.
“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow……….Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming………victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you.”
Trump to reinstate US military ban on transgender people — CNN
The New York State Restoration of Honor Act provides a mechanism to compensate gay and lesbian veterans expelled from the military under Bill Clinton’s “Don’t Ask, Don’t Tell” policy. The bill conflates sexual orientation – which was the subject of DOMA – with gender identity, which was not addressed by DOMA.
The all-male Veterans for Peace executive committee released a Transgender Position Statement that does not address how concerns about how transgender politics and policies adversely affects girls and women. In response, the Women’s Alliance issued its own statement challenging the conservative, MRA position adopted by VFP. You can read the Women’s Alliance statement here.
House Minority Leader Nancy Pelosi (D-Calif.) has signaled for the first time that she supports allowing transgender people to serve openly in the U.S. armed forces. Drew Hammill, a Pelosi spokesperson, told the Washington Blade his boss believes gender identity should not be a factor in prohibiting Americans from serving in the military. Now that the Democrats lost control of the Senate, this is probably meaningless.
We agree that transgender people should be allowed to serve in the military. However, we support sex-segregated housing units for Female enlisted and officers, as requiring Females to share housing with Males who identify as Women constitutes an invasion of privacy.
Transgender military personnel discuss whether US military could join _ Daily Mail Online
Transgender troops seek end to US military taboo – Business Insider
Navy criminal investigators are looking into who secretly filmed female officers of a submarine crew while they were showering and changing clothes aboard the boat’s unisex bathrooms, a U.S. Navy official confirmed to CNN. An incident report filed with the Navy in November 2014 alleges at least three female officers were videotaped at various times over a year long period. The recordings might then have been distributed to some members of the crew.
Transgender activists continue to press the military to be able to serve openly. The use of unisex bathrooms does not seem to have protected these female officers from being filmed by males.
Navy investigates female officers filming – CNN
The United States Court of Appeals for the Federal Circuit affirmed the memorandum decision of the U.S. Court of Appeals for Veterans Claims denying a military service connection for post-traumatic stress disorder experienced by a transgender woman.
Smith v. Dept. Of Veterans Affairs.