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Transgender Service Members Seek Court Support for Continued Military Service

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Transgender service members seek court support for continued military service

Transgender Service Members Seek Supreme Court Support

A group of transgender service members has petitioned the Supreme Court to uphold a federal ruling that prevents the enforcement of a controversial military policy. This policy, established by the Trump administration, seeks to disqualify individuals with gender dysphoria from serving in the U.S. armed forces. The service members argue that suspending this ruling would result in mass discharges and disrupt military readiness.

Background of the Case

The legal proceedings stem from a challenge to a Department of Defense policy introduced in February 2025. This policy, with few exceptions, disqualifies individuals diagnosed with gender dysphoria or those who have undergone medical procedures associated with transitioning.

Profiles of the Plaintiffs

Out of the eight plaintiffs, seven are active-duty members of the military, collectively boasting over 100 years of service and more than 70 accolades. The lead plaintiff, Commander Emily Shilling, has an extensive résumé as a naval aviator with over 60 combat missions. She highlights that during her service, the Navy invested upwards of $20 million in her training.

Legal Arguments

The plaintiffs contend that the military policy infringes on the equal protection clause of the Constitution. Senior U.S. District Judge Benjamin Settle, appointed by George W. Bush, supported their claim. He characterized the policy as a “de facto blanket prohibition on transgender service” and has barred its national enforcement.

Government’s Position

The Trump administration has requested that the Supreme Court reinstate the policy while the case continues to unfold in lower courts. They assert that the ruling undermines the executive branch’s authority concerning military service eligibility. Solicitor General D. John Sauer referenced a prior expert panel’s conclusion that permitting individuals with gender dysphoria to serve would compromise military effectiveness.

Plaintiffs’ Response

The plaintiffs counter this assertion, arguing that permitting openly transgender individuals to serve has, in fact, enhanced military readiness and unit cohesion. They propose that the disbanding of transgender service members would have detrimental effects on the armed forces as a whole. Furthermore, they clarify that while the government claims the ban applies only to those with gender dysphoria, it fundamentally targets transgender individuals, forcing them to serve in accordance with their birth sex.

Next Steps

The Trump administration has the opportunity to reply to the plaintiffs’ briefs. A decision from the Supreme Court regarding the government’s request for a stay on the ruling could emerge at any moment, signaling a pivotal moment for the rights of transgender individuals in the military.

Conclusion

This legal challenge not only highlights the ongoing debate regarding transgender rights within the military but also underscores the complexities involved in balancing governmental policy with individual rights. As the case progresses, its outcome will likely have significant implications for service members and the military at large.

Cases: United States v. Shilling

Recommended Citation: Amy Howe, Transgender service members urge justices to let them continue to serve, SCOTUSblog (May. 1, 2025, 5:35 PM).

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