Civil and Human Rights

Jane Doe 2 v. Trump

In Jane Doe 2 v. Trump, the Court of Appeals for the D.C. Circuit is considering the constitutionality of President Trump’s ban on transgender individuals serving openly in the military.

Case Summary

In July 2017, President Trump announced on Twitter that the U.S. military would no longer allow transgender individuals to openly serve in the armed forces.  The next month, President Trump formalized the ban by directing the Secretary of Defense and the Secretary of Homeland Security to return to a policy of prohibiting open service by transgender individuals, and he also directed the Secretary of Defense to “submit . . . a plan for implementing” this policy, which the Secretary of Defense subsequently did.  Shortly after the President issued his formal directive, five anonymous transgender service members brought suit, claiming that the ban violates the equal protection and due process guarantees of the Fifth Amendment.  In October 2017, the district court issued a preliminary injunction preventing the military from implementing the ban.  The Trump administration filed a motion to dismiss the case, but the district court rejected that motion and then subsequently rejected a motion for summary judgment also filed by the government.  The government has appealed the decision denying its motion for summary judgment to the D.C. Circuit.

Case Timeline

  • October 29, 2018

    CAC files amicus brief

    D.C. Cir. Amicus Brief
  • December 10, 2018

    The Court of Appeals hears oral arguments