Attorney General Bonta Files Amicus Brief to Fight Continued Attacks by Trump Against Transgender Servicemembers

OAKLAND – Attorney General Rob Bonta joined a coalition of 18 attorneys general in filing an amicus brief in Talbott v. Trump to support a challenge to President Trump’s executive order seeking to ban transgender individuals 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 violates the Constitution, weakens the military without an evidence-based reason for doing so, harms the National Guard’s readiness to respond to natural disasters and provide security support at important events, and endangers states’ ability to enforce laws protecting transgender individuals from discrimination.

“Transgender individuals continue to face discrimination nationwide, despite the demonstrable positive impacts they bring to our communities, through military service and otherwise” said Attorney General Bonta. “The district court agreed that Trump’s order is unconstitutional and unjustified, but Trump has doubled down on his anti-American, unlawful attacks. We will not allow this administration to hamstring our military in pursuit of hateful policies. We will continue to fight to protect transgender individuals’ rights to live fulfilling lives free of unfair roadblocks.”

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. Court of Appeals for the D.C. Circuit to affirm the U.S. District Court for the District of Columbia’s granting of a 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 states’ transgender veterans, active service members, and those who wish to serve; and
• Undercut the Military’s role as an inclusive, diverse institution whose makeup reflects the nation’s broader population.

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

A copy of the brief can be found here.