• Discrimination > Employment

“There is nothing voluntary about forced separation,” says GLAD Law’s Jennifer Levi

WASHINGTON, D.C.—Defense Secretary Pete Hegseth has instructed transgender servicemembers to self-identify for separation by today, June 6—July 7 for reservists—or face “involuntary separation.” GLAD Law and NCLR report that transgender servicemembers are struggling with an impossible choice. Many say that “voluntary” separation is misleading. Yet they fear the unknown consequences of the involuntary separation process for themselves and their families. Former military leaders have also spoken out, calling the rushed nature of this ban “alarming” and noting that “military policy changes typically involve months of careful planning and timelines that account for the complexity of the military personnel system.”

NCLR Legal Director Shannon Minter and GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi, the lead attorneys in Talbott v. USA (formerly Talbott v. Trump), are transgender themselves and each have more than three decades of experience litigating landmark LGBTQ+ cases. Together, Levi and Minter also led the 2017 legal fight against the transgender military ban in Doe v. Trump and Stockman v. Trump, which secured a preliminary injunction blocking implementation of the ban. Levi and Minter responded to today’s deadline:

“The military has invested millions of dollars in training thousands of transgender servicemembers, such as Talbott plaintiff Major Erica Vandal, who was born into a military family on a base overseas, graduated from West Point, served with distinction for 14 years, deployed to Afghanistan, and has been awarded a Bronze Star,” said NCLR Legal Director Shannon Minter. “Major Vandal and others are now being forced out through a humiliating process typically reserved for misconduct that will leave a stain on their records. This mistreatment of servicemembers who have put their lives on the line for our country is needlessly cruel and a shocking betrayal of our commitment to all those who serve.”

“There’s nothing voluntary about forced separation,” said GLAD Law Senior Director of Transgender and Queer Rights Jennifer Levi. “Honorable and committed transgender servicemembers are being coerced into choreographing their own dismissal under a presidential edict that maligns their character with falsehoods, characterizations the government itself admitted in court are untrue. These are decorated veterans who served for decades and forcing them out simply for being transgender is a shameful betrayal of American values.”

Talbott v. USA, and a second legal challenge to the ban, Shilling v. USA, are continuing through the courts. Talbott v. USA is awaiting the United States Court of Appeals for the District of Columbia decision on the government’s motion for emergency stay. The recent Supreme Court order in Shilling does not apply to Talbott.   

Talbott v. USA (formerly Talbott v. Trump), the first legal challenge filed against President Trump’s transgender military ban executive order, is on behalf of 32 plaintiffs and brought by LGBTQ+ legal groups NCLR and GLAD Law with pro bono legal counsel from Wardenski P.C., Kropf Moseley PLCC, and Zalkind, Duncan + Bernstein.

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The National Center for Lesbian Rights (NCLR) is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, transgender, and queer community through litigation, public policy advocacy, and public education. Since its founding, NCLR has maintained a longstanding commitment to racial and economic justice and the LGBTQ community’s most vulnerable. www.nclrights.org 

GLAD Law (GLBTQ Legal Advocates & Defenders) has been a leading force in LGBTQ+ rights for nearly 50 years. With deep roots in New England and impact nationwide, we use strategic litigation, legislation, and public education to fight discrimination based on gender identity, sexual orientation, and HIV status. GLAD Law’s bold strategy and precedent-setting victories have reshaped the legal landscape, advancing equality for all people facing discrimination and social barriers. www.glad.org