Civil and Human Rights

RELEASE: CAC: Transgender Ban Violates Constitution, Hurts Military

WASHINGTON – Constitutional Accountability Center today filed an amicus brief in support of plaintiffs in the case of Jane Doe 2 v. Trump, arguing that the Administration’s attempt to ban transgender individuals from military service violates the Constitution’s guarantee that all people enjoy equal protection of the laws.

CAC Chief Counsel Brianne Gorod said, “Let’s be clear: The Trump Administration’s policy boils down to discrimination for discrimination’s sake. Appeals to military readiness, unit cohesion, or good order and discipline as justifications for shutting out transgender individuals who want to put their lives on the line in defense of their country, are the same sham pretexts once used to justify discriminatory treatment of African Americans, women, and gay and lesbian individuals. The Constitution of the United States prohibits such discriminatory treatment. Now that the military is integrated, it is stronger for it.

“President Trump, shooting from the lip as usual, failed to consult with his military advisers before tweeting the announcement of his transgender ban. No wonder. Transgender people were already serving openly in the military with no ill effects, and a study commissioned by the military and released before transgender people were allowed to serve openly concluded that open service would not negatively affect military effectiveness or unit cohesion. In fact, military experts agree that ending discriminatory policies and ensuring diversity in the military’s ranks has actually strengthened the military and its effectiveness.

“Discrimination hurts the military and the Constitution doesn’t allow it. We hope the court of appeals agrees.”



CAC’s amicus brief in support of Jane Doe in Jane Doe 2 v. Trump


Now in our tenth year, Constitutional Accountability Center is a think tank, public interest law firm, and action center dedicated to fulfilling the progressive promise of the Constitution’s text and history. Visit the new CAC website at


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