17-04-2025
Western New England Law prof fighting Trump's ban on trans people from military
SPRINGFIELD — One day after President Donald Trump issued an executive order that called for a ban on transgender people from the military, GLBTQ Legal Advocates & Defenders and the National Center for Lesbian Rights sued the government.
Filed in late January, the case was the first lawsuit to challenge the ban, according to The Associated Press.
One of the lead attorneys is Jennifer Levi, a senior director of transgender and queer rights at GLAD and a professor of law at Western New England University.
'This is such a compelling case, because the service members I represent have met all the rigorous standards for service in the military,' Levi said. 'There's no justification the military has advanced that explains why someone who is meeting those rigorous standards can't continue to (serve).'
A federal judge has since blocked enforcement of Trump's order, but the matter isn't settled in the long-term, as lawsuits and a federal government appeal play out.
On Jan. 27, Trump's executive order 'Prioritizing Military Excellence and Readiness' declared that transgender people are not fit to serve in the military.
'Expressing a false 'gender identity' divergent from an individual's sex cannot satisfy the rigorous standards necessary for military service,' it said. 'A man's assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member.'
The order directs Defense Secretary Pete Hegseth to update policies.
Levi and attorneys from other firms filed the suit on behalf of six transgender service members and two inactive members who wanted to re-enlist. More plaintiffs have joined since then.
The ban has been devastating for transgender servicemembers, Levi said. One person she heard from was pulled out of an active combat zone and put on administrative leave, she said.
'They are people who have put their lives on the line, some of them for decades, to protect the values and the principles upon which our country stands,' Levi said.
That includes plaintiffs like Nicolas Talbott, a second lieutenant in the Army. Talbott, 31, is assigned to the Army Reserves in Pennsylvania, according to the complaint.
'When you put on the uniform, differences fall away, and what matters is your ability to do the job,' Talbott said in a statement. '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.'
In that lawsuit case, U.S. District Judge Ana Reyes in Washington, D.C., blocked the order last month, saying it likely violates transgender service member's constitutional rights. A federal appeals court then temporarily paused Reyes' stay while it considers the issue.
Oral arguments are scheduled Tuesday in the U.S. Circuit Courts of Appeals.
U.S. Department of Justice attorneys that are representing the government did not immediately reply to The Republican's request for comment on the lawsuit and appeal.
In the case of a similar lawsuit challenging the federal ban, a judge in Washington state also blocked the order last month, a pause that remains in effect. Transgender people are currently allowed to serve as the cases moved forward, Levi said.
The issue could end up in the nation's highest court.
'It's obviously an issue of national significance,' Levi said. 'This administration has been aggressive in its efforts to see policies enforced. It would be not surprising to see it head to the Supreme Court.'
In 2017, GLAD and others sued over another ban of transgender people in the military, which the Supreme Court in 2019 allowed to take effect while suits against it were pending. Joe Biden later reversed the ban.
'This current purge of transgender people is harsher and more wide-sweeping in its breath,' Levi said.
Transgender military members would be subject to administrative separation, a process typically used for misconduct, Levi said. It can have a 'harsh and has long-lasting impact even after discharge,' she said.
Even before Trump's inauguration, Levi was hearing concerns from transgender people about future policies.
'There are thousands of transgender people serving in the military that had to plan for navigating such a harsh presidential administration,' Levi said.
The Department of Defense has estimated there's about 4,240 transgender people in the U.S. military.
In the current 'challenging times,' Levi said her work gives her hope.
'I have a deep and abiding belief in our constitutional democracy,' she said. 'I think the founding principles of justice and equality and liberty are strong, and it's in moments of political challenge, where it's even more important to strive to ensure the promises of freedom and liberty and equality in the constitution are realized by everyone.'
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