Achieving LGBTQ Equality Through Litigation, Legislation, Policy, and Public Education for 40 Years

Case Summary & History

Federal Legislation & Policy

Cases: Doe v. Trump and Stockman v. Trump

STATUS: Pending

Doe v. Trump (*Scroll down for information on Stockman v. Trump)

Lawyers from the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD) filed a federal lawsuit in the U.S. District Court for the District of Columbia challenging President Trump’s directive to reinstate a ban on transgender people serving in the military. The suit, Doe v. Trump, was filed on behalf of 5 transgender service members with nearly 60 years of combined military service.

In June 2016, after comprehensive review of the issue by military experts and others, the Department of Defense announced that transgender people could serve openly in all branches of the U.S. military. The Department concluded that the ban served no legitimate purpose and that open service by transgender people would serve the military’s best interests.  Since that time, thousands of transgender service members have begun to serve openly.

Plaintiffs serve in the Air Force, the Coast Guard, and the Army. Their years of service range from three years to two decades, and include tours in Iraq and Afghanistan.  As a result of the President’s statements, they face dramatic uncertainty about their futures including the potential loss of their professions, livelihoods, and post-military and retirement benefits.

In addition to NCLR and GLAD, the plaintiffs in Doe v. Trump are represented by lawyers from Foley, Hoag LLP and WilmerHale.

Click here to read full complaint: Doe v. Trump

Click here to read the amended complaint

Click here to read the motion for preliminary injunction

Click here to read the government’s motion to dismiss the case and oppose the plaintiffs’ request for emergency relief

Click here to read our reply to government’s opposition to plaintiffs’ motion to dismiss (filed 10/16/2017)

Click here to read our powerful supplemental declarations from former military leaders (filed 10/16/2017) 

Click to read:

Declaration by Former United States Secretary of the Army Eric Fanning

Declaration by Former United States Secretary of the Navy Raymond Edwin Mabus, Jr.

Declaration by Former Secretary of the United States Air Force Deborah Lee James

Declaration by Former Acting Under Secretary of Defense for Personnel and Readiness Brad Rogers Carson

Declaration by Former Deputy Surgeon General for Mobilization, Readiness, and Army Reserve Affairs Margaret Chamberlain Wilmoth

Declaration by Named Plaintiff Midshipman Regan Kibby

Declaration by Named Plaintiff Dylan Kohere

Amicus Briefs Filed in Support of Doe v. Trump:

15 Attorneys General

Leading Medical, Mental Health, and Other Health Care Organizations

National Center for Transgender Equality and Other Advocacy Organizations

The Trevor Project

 

Stockman v. Trump

The National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), the LGBT legal organizations leading the fight against the Trump Administration’s transgender military ban, joined as co-counsel in the Equality California lawsuit challenging the ban, Stockman v. Trump. Equality California is a plaintiff in the suit together with seven individual plaintiffs who are currently serving or have taken steps to enlist.

Equality California represents 500,000 members, including transgender people directly affected by the President’s directive, and seven individual plaintiffs across the country who are being harmed by the ban. The suit claims the ban unlawfully discriminates against transgender people on the basis of their gender identity; impinges upon transgender people’s fundamental rights by penalizing and stigmatizing them for expressing a fundamental aspect of their personal identity; and unfairly punishes transgender people who came out in the military in reliance on the government’s assurances that they could serve openly.

The organizations filed a motion for preliminary injunction in the U.S. District Court for Central California to immediately stop the ban and prevent “further irreparable harm” to transgender Americans who are currently serving in the military or have been barred from enlisting.

Click to read:

Motion for preliminary injunction

Declaration by Plaintiff Equality California Executive Director Rick Zbur

Declaration by Plaintiff Aiden Stockman

Declaration by Plaintiff Nicolas Talbott

Declaration by Plaintiff Tamasyn Reeves

Declaration by Jaquice Tate

Declaration by John Doe 1

Declaration by John Doe 2

Declaration by Jane Doe

Declaration by Former Chairman of the Joint Chiefs of Staff Admiral Michael Mullen

Declaration by George Richard Brown, MD, DFAPA, Professor of Psychiatry and the Associate Chairman for Veterans Affairs in the Department of Psychiatry at the East Tennessee State University, Quillen College of Medicine

Declaration by Former Acting Under Secretary of Defense for Personnel and Readiness Brad Rogers Carson

Declaration by Former United States Secretary of the Army Eric Fanning

Declaration by Former Secretary of the United States Air Force Deborah Lee James

Declaration by Former United States Secretary of the Navy Raymond Edwin Mabus, Jr.

Declaration by Former Deputy Surgeon General for Mobilization, Readiness, and Army Reserve Affairs Margaret Chamberlain Wilmoth

 

 

 

 

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