Chicago – Attorney General Kwame Raoul, as part of a coalition of 20 attorneys general, filed an amicus brief on Friday supporting a challenge to the Trump administration’s ban on transgender military service.
Raoul and the coalition filed their brief in the U.S. Court of Appeals in Shilling v. Trump, a lawsuit brought by current and aspiring service members who are transgender, including decorated U.S. Navy Commander Emily Shilling. Commander Shilling, who has served in the military for over 20 years and flown more than 60 combat missions, wants to continue serving the American public despite the president’s attempt to ban transgender military members from serving.
“Transgender Americans have patriotically served the public through military service for years without issue, and this latest attempt to ban them from service is deeply discriminatory and misguided,” Raoul said. “I will continue to advocate for the fundamental rights of transgender individuals and partner with attorneys general across the country to protect these rights.”
In their amicus brief, Raoul and the coalition argue that the military ban “not only violates the Constitution” but “will also weaken our nation’s military, including the National Guards operated by all Amici States.” Raoul and the coalition go on to describe how the president’s actions deprive states’ National Guard units of experienced and qualified soldiers at a time when recruitment is especially challenging. The brief also highlights how Trump’s blatantly discriminatory policy is fundamentally at odds with state laws protecting transgender individuals.
In February, Raoul and the same coalition of 20 attorneys general filed an amicus brief in support of Commander Shilling.
Transgender people have served in the military for years. A 2014 study found that approximately 150,000 veterans, active-duty servicemembers and members of the National Guard or Reserves identified as transgender. In fact, transgender individuals are about twice as likely to have served in the military as cisgender individuals.
After the first longstanding ban was lifted in 2016, and again when the Trump administration’s first attempt to ban transgender service was reversed in 2021, some transgender National Guard members came out to their superiors and peers with no negative impact on the Guard’s functions.
Following comprehensive reviews, the military has twice concluded 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.
Joining Raoul in filing the amicus brief are the attorneys general of California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.
