Oregon and 19 States File Amicus Brief in Federal Court
Today Attorney General Dan Rayfield filed a “friend of the court” or amicus brief as part of a coalition of 20 attorneys general, to support a lawsuit aiming to block the implementation of President Trump’s executive order banning transgender people from serving in the military. The brief argues that the executive order is unconstitutional, harms national security, and discriminates against transgender people honorably serving in our nation’s military, including the National Guard in every state.
“This is a blatant attack on the rights and dignity of our service members,” said Rayfield. “Oregonians believe in fairness, inclusion, and respect for all people, regardless of gender identity. This order not only undermines the people who put their lives on the line for our country, but it also weakens our military by excluding qualified and dedicated individuals.”
The coalition argues that the ban would also harm state emergency and disaster preparedness, deprive the military of recruits, and engage in discrimination in violation of state laws protecting transgender individuals’ right to participate fully in society. The ban also violates the 5th Amendment equal protection rights of transgender individuals because it discriminates against them based on their gender identity.
Transgender people have served in the military for years. A 2014 study found that approximately 150,000 veterans, active duty servicemembers, and members of the National Guard or Reserves identified as transgender. Following two comprehensive reviews, the military has already concluded that allowing transgender individuals to serve consistent with their gender identity is in the nation’s best interest.
The amicus brief supports a request for a preliminary injunction filed by a group of current and prospective transgender service members. The plaintiffs filed suit in the United States District Court for the District of Columbia. The Court will hold a hearing on February 18, 2025.
Joining Oregon in this amicus brief are California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Rhode Island, Vermont, Washington, and Wisconsin.
