Illinois Attorney General Kwame Raoul is taking a stand against the Trump administration’s ban on transgender military service, joining a coalition of 20 state attorneys general in supporting a lawsuit to block the policy.
The coalition filed an amicus brief arguing that the executive order is unconstitutional, weakens national security, and discriminates against transgender individuals who serve honorably in the military—including those in the National Guard across the country. The brief backs a request for a preliminary injunction from current and prospective transgender service members seeking to halt the ban’s implementation.
“The president’s order attempting to implement a transgender military service ban is misguided and discriminatory,” Raoul said. “Transgender individuals have honorably served in all branches of our military, serving alongside fellow Americans from different backgrounds and different corners of our country. My office has consistently advocated for the rights of transgender individuals, and I will continue to partner with attorneys general across the country to protect these rights.”
The attorneys general argue that the ban violates the Fifth Amendment’s protections, undermines military effectiveness, and disregards the military’s own conclusions that allowing transgender service members strengthens the armed forces. The ban would not only force out current transgender service members but also block new recruits based solely on gender identity. Such a policy, they contend, disrupts military readiness at a time when recruitment is already challenging and undermines disaster response capabilities by depleting National Guard personnel.
Studies suggest that transgender individuals are about twice as likely to serve in the military as their cisgender counterparts. A 2014 study estimated that approximately 150,000 veterans, active-duty service members, and National Guard or Reserve members identify as transgender. Since the original ban was lifted in 2016 and again reversed in 2021, transgender service members in the National Guard have served openly without harming unit cohesion or operational effectiveness.
Military leadership has twice reviewed and affirmed that allowing transgender individuals to serve in alignment with their gender identity is in the nation’s best interest. The Trump administration’s decision to reinstate the ban, the attorneys general argue, is not supported by concerns over cost, unit cohesion, or readiness.
Joining Raoul in filing the brief are attorneys general from California, Colorado, Connecticut, Delaware, Hawaii, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington and Wisconsin.