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Six servicemembers challenge Trump’s transgender military executive order
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Six servicemembers challenge Trump’s transgender military executive order

Jimmie Dempsey
Last updated: January 29, 2025 1:55 am
Jimmie Dempsey Published January 29, 2025
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Six transgender members of the military are suing the Trump administration over an executive order pertaining to trans troops. 

The lawsuit was filed by six current military servicemembers and two people who want to enlist. On Monday, President Trump signed an order stating the “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.”

“A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member,” it states. 

Trump states in the order that the mission cannot be met if the military is accommodating “political agendas or other ideologies harmful to unit cohesion.” He also said longstanding Defense Department policy says service members must be free of medical conditions and physical defects that would require excessive treatment or hospitalization.

The “hormonal and surgical medical interventions” involved when an individual claims to be a gender differing from their sex do not meet the “rigorous standards” required of service members, including the commitment to being honorable, truthful and disciplined, the order states.

CRACKING DOWN ON TRANS TROOPS: TRUMP ORDER NIXES PREFERRED PRONOUNS, RESTRICTS FACILITY USE

Progress related to this order must be submitted by Defense Department Secretary Pete Hegseth and the homeland security secretary to the deputy chief of staff for policy to track implementation and to find recommendations, if any, to fulfill the order’s objective.

The lawsuit argues the order is unconstitutional and violates the Equal Protection component of the Fifth Amendment. The plaintiffs are asking a federal judge in Washington, D.C., to block it from being enforced. Fox News Digital has reached out to the White House.

“Rather than being based on any legitimate governmental purpose, the ban reflects animosity toward transgender people because of their transgender status,” the suit claims. 

The plaintiffs include a Sailor of the Year honoree, a Bronze Star recipient and several who were awarded meritorious service medals. They were identified as U.S. Army Reserves Lt. Nicolas Talbott, Army Maj. Erica Vandal, Army Sgt. First Class Kate Cole, Army Capt. Gordon Herrero, Navy Ensign Dany Danridge, Air Force Master Sgt. Jamie Hash, Koda Nature and Cael Neary.

The lawsuit charges that Trump’s order will unfairly halt their military aspirations and careers, including for Cole who’s been in the Army for 17 years.

DEFENSE SECRETARY PETE HEGSETH SAYS ‘NO MORE DEI AT DEPARTMENT OF DEFENSE’: ‘NO EXCEPTIONS’

Pete Hegseth, Donald Trump

“Removing qualified transgender soldiers like me means an exodus of experienced personnel who fill key positions and can’t be easily replaced, putting the burden on our fellow soldiers left behind,” Cole said in a statement released by the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD Law). “That’s just wrong — and it destabilizes our armed forces.” 

Cole noted that she had served in combat in Afghanistan.

Herrero said his family has a long history of military service and that “it’s the only career I’ve pursued.”

“There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside,” Herrero said in a statement accompanying the lawsuit. “We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”

The suit was brought by attorneys from the National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders (GLAD Law).

“The law is very clear that the government can’t base policies on disapproval of particular groups of people,” Shannon Minter, of the NCLR, said. “That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.”

Trump and Hegseth have vowed to crackdown on “woke” initiatives in the military and focus on developing a lethal, effective fighting force without political agendas or various ideologies harmful to unit cohesion. 

“Recently, however, the Armed Forces have been afflicted with radical gender ideology to appease activists unconcerned with the requirements of military service like physical and mental health, selflessness, and unit cohesion,” the order states. 

US soldiers

The Pentagon told The Associated Press that it doesn’t comment on pending or ongoing litigation but “will fully execute and implement all directives outlined in the Executive Orders issued by the President, ensuring that they are carried out with utmost professionalism, efficiency, and in alignment with national security objectives.”

The Pentagon referred questions by Fox News Digital about the lawsuit to the Justice Department. 

Fox News’ Elizabeth Pritchett contributed to this report. 

Read the full article here

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