Attorneys general oppose Trump ban on transgender military service

SEATTLE — The president’s discriminatory ban on transgender military service members undermines state and national security, attorneys general in 20 states argued in a brief filed in the Court of Appeals for the Ninth Circuit on Friday. The brief was filed in support of a lawsuit from personnel seeking to overturn the order.

Washington Attorney General Nick Brown co-authored the amicus brief that says the president’s order “not only violates the Constitution…but it will also weaken our nation’s military, including the National Guards operated by all Amici States.”

The brief was filed in Shilling v. Trump, which was brought by lead plaintiff and decorated U.S. Navy Commander Emily Shilling. Shilling, who has served for over 20 years and flown over 60 combat and high-risk missions, is transgender and wants to continue working for the American public. Back in February, Brown’s office — joined by 20 other states — filed an amicus brief in support of the plaintiffs. The district court relied on that brief in issuing a preliminary injunction halting implementation of the president’s executive order nationwide.

Friday’s amicus filing reaffirms that the injunction is necessary to protect important state interests.

The attorneys general describe how the president’s action deprives states’ National Guard units of experienced and qualified soldiers at a time when recruitment is especially challenging. Trump’s blatantly discriminatory policy is also fundamentally at odds with state laws protecting transgender individuals.

Washington was joined by the attorneys general of 19 other states in the filing, which was co-authored by Brown’s office and the Vermont Attorney General’s Office. The other states joining are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, and Wisconsin.

The brief is available here.

-30-

Washington’s Attorney General serves the people and the state of Washington. As the state’s largest law firm, the Attorney General’s Office provides legal representation to every state agency, board, and commission in Washington. Additionally, the Office serves the people directly by enforcing consumer protection, civil rights, and environmental protection laws. The Office also prosecutes elder abuse, Medicaid fraud, and handles sexually violent predator cases in 38 of Washington’s 39 counties. Visit www.atg.wa.gov to learn more.

Media Contact:

Email: press@atg.wa.gov

Phone: (360) 753-2727

General contacts: Click here

Media Resource Guide & Attorney General’s Office FAQ