The three organizations today also 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. GLAD and NCLR previously filed a motion for preliminary injunction in the U.S. District Court for the District of Columbia in Doe v. Trump, the first of four lawsuits across the country filed against the Trump Administration’s transgender military ban.
“The President’s reckless ban is harming transgender troops in communities all across the country,” said Shannon Minter, NCLR’s Legal Director.
“Despite their dedicated service, the President has thrown the lives of
thousands of military servicemembers and their families into chaos,
devastating their livelihoods and dreams, and harming our country. We
must use every tool in our power to fight this ban immediately, here in
California and throughout the country.”
The California suit, Stockman v. Trump, was filed on behalf of Equality California –
which 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.
“California is home both to the nation’s largest population of LGBTQ people and to the largest number of servicemembers,” said Rick Zbur, executive director of Equality California.
“With his unnecessary and unjust ban, President Trump has attacked
American heroes who simply want to serve their country. This ban will
tear apart lives and livelihoods, cost taxpayers hundreds of millions of
dollars and deprive the military of loyal, talented service members –it
will not stand.”
“Thousands
of transgender Americans serving around the globe have committed their
lives and planned their futures around military service. The
President’s ban is putting them and others around them in harm’s way,”
said Jennifer Levi, Director of GLAD’s Transgender Rights Project.
“This cruel, unfounded reversal of policy undermines the strength of
our Armed Forces and threatens the safety of our nation. We cannot let
it move forward.”
PLAINTIFFS
“When
I read President Trump’s tweets, my heart sank. I feared that I would
never be permitted to fulfill my longtime dream of military service.
Small towns like Lisbon, Ohio—where I live—do not have many job
opportunities. I am actively searching for a job where I can support
myself and my grandmother who is unwell. Enlisting in the military
provides a stable job, steady income, health benefits, and the pride of
serving my country. If the ban were lifted today, I would immediately
enlist in the United States Military. No one could be more dedicated and
committed to wanting to serve,” said 23 year-old plaintiff Nicolas Talbott.
“I
was in eighth grade when I first told my mother I dreamed of joining
the military. During my junior year of high school, I took the Armed
Services Vocational Aptitude Battery (ASVAB) test to prepare for a
future in the Air Force that I have continued to plan for and work
toward. The moment I learned of President Trump’s tweets, I was crushed.
Right now, I work at a grocery store for minimum wage, and my store is
shutting down. I live paycheck to paycheck. In the military, I would
have access to training, a steady income, and career opportunities. If
the ban were lifted today, I would go to a recruiter to discuss
enlisting in the Air Force as soon as I could. Transgender individuals
are just as qualified and capable to serve our country as any of our
peers and many of us are eager to do so,” said 20 year-old plaintiff Aiden Stockman from Yucca Valley, California.
MILITARY LEADERS
Also
today, former top military leaders from across multiple branches of the
U.S. Armed Forces filed powerful declarations in support of the motion
for preliminary injunction. These declarations underscore how strongly
the military community opposes this reckless ban that both seriously
harms transgender servicemembers and their families and puts national
security at risk. The leaders filing declarations of support include
retired Admiral Michael Mullen, Former Chairman of the Joint Chiefs of
Staff; Former United States Secretary of the Army Eric Fanning; Former
United States Secretary of the Navy Raymond Edwin Mabus, Jr; Former
Secretary of the United States Air Force Deborah Lee James; Former
Acting Under Secretary of Defense for Personnel and Readiness Brad
Rogers Carson; and Former Deputy Surgeon General for Mobilization,
Readiness, and Army Reserve Affairs Margaret Chamberlain Wilmoth.
In his declaration, Admiral Mullen said "When I led our armed forces under Don’t Ask, Don’t Tell, I saw firsthand
the harm to readiness and morale when we fail to treat all service
members according to the same standards. There are thousands of
transgender Americans currently serving and there is no reason to single
them out to exclude them or deny them the medical care that they
require. Moreover, I strongly believe that we should not return to the
days of ‘forc[ing] young men and women to lie about who they are in
order to defend their fellow citizens.’”
CALIFORNIA LEADERS
"The ban on transgender people serving in the military is unlawful discrimination on behalf of the Trump Administration,” said Sen. Kamala Harris (D-California).
“These are courageous individuals who are willing to risk their lives
in service to our country. Barring them from enlisting and serving and
from accessing essential medical care does not make our military
stronger or our country safer. I applaud this action taken by Equality
California, and remain committed to fighting in Congress for the rights
of transgender and military communities."
“The
Trump Administration’s disgusting and unconstitutional transgender ban
serves only to hurt and humiliate thousands of Americans who serve in
our military with strength and courage,” said Democratic Leader Nancy Pelosi.
“Raw prejudice, not the national defense, is behind this cruel
decision. It is with great pride that I support Equality California as
it fights for justice and a swift end to this vile, hateful ban.”
“Trump’s
decision to ban transgender people from serving in the U.S. military is
offensive, misguided, and contrary to our American values,” said California Assemblymember Evan Low (D-Silicon Valley),
Chair of the California Legislative LGBT Caucus. “The thousands of
transgender military service members who have put their lives on the
line for our country deserve better. The California Legislative LGBT
Caucus stands by our transgender service members and will do everything
in our power to prevent further discrimination.”
NCLR and GLAD join Latham & Watkins LLP as legal counsel in the case.