Attorney General Bonta Supports Challenge to Trump Administration’s Unlawful Attempt to Ban Transgender Servicemembers

OAKLAND – California Attorney General Rob Bonta on Friday, as part of a coalition of 20 attorneys general, filed an amicus brief in the Ninth Circuit Court of Appeals in Shilling v. Trump in support of a challenge to President Trump’s executive order prohibiting transgender servicemembers from serving in the military in any capacity. The plaintiffs in this case are seven active-duty servicemembers, one individual seeking enlistment, and an organizational plaintiff with transgender military members. In March, the U.S. District Court for the Western District of Washington granted a preliminary injunction preventing the order from going into effect; it was later appealed by the federal government, and the U.S. Supreme Court stayed the preliminary injunction pending appeal. In their brief, the attorneys general argue that the executive order undermines our nation’s military, jeopardizes the ability of the National Guard to respond effectively to natural disasters and to ensure the states’ security, and threatens states’ efforts to protect the rights of their LGBTQ+ communities.

“The Trump Administration’s unlawful attempt to single out and discriminate against transgender servicemembers is an insult to all who serve and frankly un-American,” said Attorney General Bonta. “At the California DOJ we remain committed to ensuring that all Californians are free from discrimination and harassment and will continue to uphold and protect the rights of our transgender community.”

California has the nation’s largest concentration of military personnel as well as military bases. If allowed to stand, this executive order would harm California’s interests. California relies heavily on the California National Guard which provides critical services for the state, including responding to national security threats and natural disasters, like the recent devastating fires in Los Angeles. Transgender servicemembers, like all other servicemembers, are qualified individuals who volunteer their lives to service, protecting and providing for our nation in times of need.

In the amicus brief, the coalition urges the U.S. Court of Appeals for the Ninth Circuit to affirm the preliminary injunction, arguing that banning transgender individuals from military service will:

• Harm National Guard recruitment efforts, jeopardizing states’ security and readiness.
• Undermine states’ institutions and efforts to uphold and protect the rights of their LGBTQ+ communities.
• Harm the states’ transgender veterans, active servicemembers, and those who wish to serve.
• Weaken the military’s role as an inclusive institution by imposing discriminatory policies.

In filing the amicus brief, Attorney General Bonta joins the attorneys general of Washington, Vermont, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, and Wisconsin.

A copy of the brief can be found here.