The military is suffering recruitment shortages, but Trump is trying to expel transgender soldiers. (Photo: U.S. Army)
Transgender service members have a bullseye on their backs after Donald Trump signed an executive order banning them from the U.S. military.
New Secretary of Defense Pete Hegseth’s plans to purge as many as 150,000 service men and women, based solely on their sexuality, but will face a stiff legal challenge before that happens.
New York Attorney General Letitia James and 20 other state attorneys general today (Feb. 27) filed an amicus brief supporting transgender service members who are challenging the constitutionality of Trump’s actions.
The case is pending in the U.S. District Court for the Western District of Washington.
The brief supports a group of current and prospective service members who have requested a preliminary injunction to block the administration from implementing the ban.
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The attorneys general argue that the executive order is unconstitutional, harms national security, and discriminates against transgender individuals honorably serving in our nation’s military, including members of the National Guard in every state.
Soldiers assigned to 1st Squadron, 3rd Cavalry Regiment, operate the Drone Defender to counter-unmanned aerial systems in Iraq. (Photo: U.S. Army)
“All service members deserve our utmost gratitude for their bravery and sacrifice. We should be honoring their commitment, not degrading it with exclusionary policies,” said James.
“This ban cruelly targets the transgender Americans who have dedicated their lives to protecting our freedoms. I want all transgender service members and veterans to know that we see you, we respect you, and we will always fight for you.
“Your service is invaluable, and we will not allow this bigoted attack to diminish your service to our country.”
Trump issued the Executive Order last month, titled, “Prioritizing Military Excellence and Readiness.”
It directed Hegseth to implement sweeping restrictions on transgender soldiers.
The president’s order violates the Fifth Amendment by denying service members equal protection and due process according to the attorneys general coalition.
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The coalition also argued that the proposed ban would weaken the military, harm state emergency and disaster preparedness efforts, and deprive the military of experienced and qualified soldiers during an extremely challenging time for recruitment.
The coalition also notes that the discriminatory ban violates state laws protecting transgender individuals’ right to participate fully in society.
Three of America’s four major military services failed to recruit enough service members in 2023. The Army has failed to meet its personnel goals for the last two years and missed its 2023 target by 10,000 soldiers, a 20 percent shortfall, according to media reports.
During peacetime, the military must compete against the private sector for recruits. During the Biden administration, the unemployment rate was historically low and jobs were plentiful.
New York Attorney Letitia James is leading a coalition of Attorneys General opposed to Trump’s trans military ban.
The nation is already facing an acute shortage of workers. Even the ultra-conservative U.S. Chamber of Commerce has sounded the alarm. The latest data shows that 8 million job openings went unfilled last year because businesses could not find workers to hire, the chamber reported.
To attract more recruits, the military has expanded its outreach with a number of incentives that at least come close to matching private sector benefits.
Recruits can earn up to $10,000 just for reporting to basic training within 30 days of enlistment for certain in-demand jobs. Other enlistment bonuses could push that amount as high as $50,000.
They can also get free or reduced-cost housing, educational assistance, medical and dental care, 30 days of paid vacation and travel discounts among others, including the lasting gratitude of the nation.
The nation’s policy toward allowing gays to join the military — once banned outright — began to shift during the Clinton administration in the 1990s.
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Clinton instituted a “Don’t ask, don’t tell” (DADT) policy on military service for gay recruits. That policy ended in Sept 20, 2011, within weeks of the attacks on the World Trade Center and the Pentagon.
Today, LGBTQ+ individuals are allowed to serve openly in the US military.
If the Trump administration is ultimately able to force out gay and transgender soldiers, the military may need to resort to its first peacetime draft since 1973, when the nation shifted to an all-volunteer force.
All individuals between 18 to 25 must register for the draft, although there is no chance of being called up at the moment. That includes legal permanent residents, undocumented immigrants, refugees, asylum seekers and people with disabilities.
Trump’s effort to rollback more than 30 years of U.S. policy on gays is also facing a separate legal challenge in the United States District Court for the District of Columbia. The coalition has filed an amicus brief in that case, as well.
“Transgender people have served in the military for years. A 2014 study found that approximately 150,000 veterans, active duty service members, and members of the National Guard or Reserves identified as transgender,” the coalition stated in a news release.
“The President’s Executive Order would require the military to discharge transgender members and turn away potential recruits solely because they identify as transgender.”
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“The military has already concluded twice following comprehensive reviews that allowing transgender individuals to serve consistent with their gender identity is in the nation’s best interest.
“Reinstating the ban simply cannot be justified by reference to costs, unit cohesion, or overall readiness,” arguments that have been advanced by Trump and Hegseth.
Trump attempted to ban transgender service members during his first term, but the effort was reversed in 2021.
Joining James in filing the amicus briefs are the attorneys general of Arizona, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, North Carolina, Oregon, Rhode Island, Vermont, Washington, and Wisconsin.
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