California Attorney General Rob Bonta today, as part of a coalition of 20 attorneys general, filed an amicus brief in Talbott v. Trump in support of a challenge to President Trump’s executive order attempting to prohibit transgender servicemembers from serving in the military in any capacity.
The plaintiffs in this case are six active-duty servicemembers and two individuals seeking enlistment. In the 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 states’ security, and threatens states’ efforts to protect the rights of their LGBTQ+ communities.
“Today we are filing an amicus brief to protect the rights of the hard-working military servicemembers who have dedicated their life to service and to protecting our lives and our country. The Trump Administration’s decision to single out and discriminate against transgender servicemembers is an insult to all who serve; it’s also unlawful,” said Attorney General Bonta. “As home to approximately 2.8 million LGBTQ+ individuals, California will continue to stand up for the rights of our transgender community as they seek to live their lives as their authentic selves.”
California has the nation’s largest concentration of military personnel as well as military bases. If allowed to stand, this executive order would substantially impact California’s interests. California relies heavily on the California National Guard, which provides critical services for the state. This includes 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. District Court for the District of Columbia to grant a preliminary injunction preventing this order from going into effect, 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; and
- 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 Vermont, Washington, 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.
