Shilling v. President Trump
Overview
Overview
7 current transgender service members, 1 prospective transgender servicemember and the Gender Justice League, represented by Lambda Legal Defense and the Human Rights Campaign Foundation, sued President Trump and the Department of Defense over his executive order banning transgender service members from the military.
The Issue
Issue
Whether President Trump's executive order banning transgender individuals from military service violates the Equal Protection Clause of the Fifth Amendment and/or the Administrative Procedure Act.
The Rules
Rule
Military personnel decisions receive heightened deference to executive judgment, but executive actions affecting constitutional rights remain subject to equal protection scrutiny. When a policy facially discriminates based on gender identity, courts apply heightened scrutiny to determine if the classification serves an important governmental objective and is substantially related to achieving that objective.
The Application
Analysis
The plaintiffs, current and prospective transgender service members, challenge an outright ban that classifies based on gender identity rather than individual fitness or capability. The government will likely invoke military readiness and unit cohesion as justifications, while plaintiffs argue these interests are neither sufficiently important nor substantially served by a blanket prohibition without individualized assessment.
The Conclusion
Conclusion
The case remains active in the Western District of Washington with Judge Settle presiding. The outcome will turn on whether courts defer to military discretion or apply heightened constitutional scrutiny to a classification based on gender identity.
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