Foley Hoag GLAD and NCLR Challenge President Trump's Transgender Military Ban

August 11, 2017

Lawsuit Filed on Behalf of Five Transgender Servicemembers

Foley Hoag LLP has joined lawyers from GLBTQ Legal Advocates & Defenders (GLAD), the National Center for Lesbian Rights (NCLR), and WilmerHale in filing a lawsuit with the U.S. District Court for the District of Columbia on behalf of five active-duty servicemembers to prevent implementation of President Donald J. Trump’s ban on transgender people serving in the military.

The five active-duty servicemembers challenging President Trump’s unconstitutional ban, identified as Jane Does 1-5, currently serve in the United States Army, Air Force, and Coast Guard, and collectively have contributed over 60 years of service to their country. Their years of service range from three years to two decades, and include tours in Iraq and Afghanistan.

In June 2016, the Department of Defense, following an extensive review of the issue, determined that it would allow transgender people to serve openly in the United States military. As a result, all five plaintiffs notified their command that they are transgender and have continued to serve in the military without incident.

On July 26, 2017, President Trump announced he would reverse the DoD’s policy on transgender servicemembers. The lawsuit alleges that the directive to ban open service by transgender people violates the guarantees of equal protection and due process of law in the United States Constitution.

The Foley Hoag legal team includes Claire Laporte, Matthew Miller, Daniel McFadden, Daniel Procaccini and Rachel Hutchinson.