On July 26th, President Trump announced his decision to ban transgender troops from serving in the United States military.  The decision, made in a series of tweets, cited “tremendous medical costs and disruption” to the military as the rationale for the ban.  The announcement came as a surprise to many, including some of the military’s highest ranking officials.  Defense Secretary Jim Mattis was given only one day’s notice about the new policy.

Given the unexpected nature of the President’s statements, many questions remain about how the new policy will be implemented.  In fact, on the day following the announcement, Gen. Joseph F. Dunford Jr., who is the chairman of the Joint Chiefs of Staff, announced that there will be no policy changes until the White House and Department of Defense issue implementation guidelines.

Trump’s decision is especially complicated because it reverses a 2016 policy implemented by the Obama Administration that allowed transgender troops to serve openly for the first time in the nation’s history.  A 2016 survey conducted by the Rand Corporation estimates that as many as 11,000 transgender troops currently serve in the military, while other estimates indicate that number is as high as 15,000.

Needless to say, President Trump’s transgender ban has drawn strong reactions across the political spectrum.  On August 9, 2017, five transgender military service members filed suit against the Trump Administration arguing that the uncertainty over their status in the military has caused them immediate harm.  Each of the plaintiffs came out to their commanding officers after the Pentagon announced in 2016 that they could serve openly. The plaintiffs argue that the new policy, rescinding their ability to serve openly, violates their constitutional rights to equal protection and due process under the law.  Furthermore, the Complaint, filed in the US District Court for the District of Columbia, alleges that the Administration’s exclusion of transgender troops lacks rational basis and is arbitrary and capricious.  The plaintiffs are being represented by two leading LGBT advocacy groups – the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), and by lawyers from Foley Hoag and WilmerHale. Other lawsuits are likely to follow.

It remains to be seen what the outcome of these cases will be, but if history is any indication, they will make their way through the courts relatively quickly. To learn more about the rights of transgender people and emerging legal issues affecting the transgender community, check out these five CLE programs taught by leading civil rights attorneys in the field:

1. Transgender Civil Rights: Emerging Trends
2. Recent Developments in Title VII Jurisprudence Regarding LGBT Employees
3. Insurance Issues for Transgender Persons
4. Transgender Students and Sex-Separated Facilities
5. Gender Identity-Based Employment Claims