Human Rights Campaign Foundation and Lambda Legal Urge Court to Affirm Ruling Blocking Trump Administration’s Transgender Military Service Ban

While the district court’s preliminary injunction initially blocked the ban in March, the Supreme Court allowed it to take effect in May pending the outcome of this appeal. The policy currently remains in effect, threatening thousands of transgender service members who have served with honor and distinction, including the seven active-duty plaintiffs in the case who collectively have over 115 years of military service.

“Transgender servicemembers serve their country valiantly, with the same commitment, the same adherence to military standards and the same love of country as any of their counterparts,” said Human Rights Campaign Foundation President Kelley Robinson. “This ban by the Trump administration, which has already stripped transgender servicemembers of their jobs, is cruel, unpatriotic, and compromises the unity and quality of our armed forces. This is animus, plain and simple — and we expect the Ninth Circuit will agree that these blatantly discriminatory policies have no place in our military. We urge the court to uphold the freedom our armed forces stand for and restore the injunction that allows those with the heart and bravery to serve to do so without being left behind or discarded.”

“Today we asked the Ninth Circuit to uphold the preliminary injunction the district court correctly had put in place for transgender service members who strengthen our nation's armed forces,” said Sasha Buchert, Senior Counsel at Lambda Legal. "Every day this discriminatory ban remains in effect, qualified patriots face the threat of being kicked out of the military simply because of who they are. The evidence is overwhelming that this policy is driven by animus rather than military necessity - there is no credible evidence that transgender service members harm military readiness, unit cohesion, or effectiveness. We are confident the court will see through this discriminatory ban and restore the injunction that should never have been lifted.”

Legal Journey: 

February 19, 2025: Lambda Legal and HRCF filed Shilling v. Trump, challenging the constitutionality of the Trump administration’s ban on military service by transgender people. The lawsuit was filed on behalf of seven actively serving transgender service members, a transgender person seeking to enlist in the military, and Gender Justice League, a civil and human rights organization headquartered in Seattle.  

March 27, 2025: District court granted preliminary injunction, finding plaintiffs likely to succeed on claims that the ban violated equal protection, free speech, and due process rights 

May 5, 2025: Supreme Court stayed the injunction, allowing the ban to go back into effect during appeal 

May 23, 2025: Plaintiffs filed brief defending the preliminary injunction 

October 20, 2025: Ninth Circuit heard oral arguments. 

Read more about the case here: https://lambdalegal.org/case/shilling-v-trump/ 

The Human Rights Campaign (HRC) is the nation’s largest LGBTQ+ civil rights organization working to achieve equality for lesbian, gay, bisexual, transgender and queer (LGBTQ+) people, with 3.6 million members and supporters. The HRC Foundation (a 501(c)(3)) works to ensure LGBTQ+ people are safe, seen and supported where it matters most: at school, at work and in every community across the country. From the courtroom to the classroom, from Congress to corporate America, HRC and the HRC Foundation build power through partnerships, storytelling, and action—working to create a future rooted in equity, freedom and belonging for all LGBTQ+ people.