The Sconi

Attorney General Josh Kaul of Wisconsin has aligned with a coalition of 20 state attorneys general to file an amicus brief in federal court. This action supports a lawsuit challenging President Trump's executive order that bans transgender individuals from serving in the military. The brief argues that the order is unconstitutional, harms national security, and discriminates against transgender service members.

Attorney General Kaul stated, "The brave Americans who serve in the United States Armed Forces deserve our gratitude and respect. Singling out transgender service members for exclusion is wrong, and it promotes division rather than the best interests of the military. This unconstitutional policy should be struck down."

The amicus brief backs a request for a preliminary injunction by current and prospective transgender service members who have filed suit in the United States District Court for the District of Columbia. A hearing is scheduled for February 18, 2025.

The coalition contends that President Trump's executive order violates the Fifth Amendment and would weaken military capabilities, harm state emergency preparedness, deprive the military of experienced soldiers during recruitment challenges, and engage in discrimination contrary to state laws protecting transgender rights.

Transgender individuals have historically served in the military. A study from 2014 reported about 150,000 veterans and active-duty servicemembers identified as transgender. Transgender people are approximately twice as likely to serve compared to cisgender individuals. The executive order would require discharging current transgender members and rejecting potential recruits based solely on their gender identity.

The military has previously concluded through comprehensive reviews that allowing transgender individuals to serve according to their gender identity benefits national interests. Reinstating such a ban cannot be justified by concerns over costs or unit cohesion.

Joining Attorney General Kaul are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, and Washington.

###