Over our 10+ year history, Gender Justice League has been involved with impact litigation in the past, working alongside partner legal organizations such as Transgender Law Center, the ACLU, Lambda Legal, Legal Voice, Q Law Foundation of Washington, and others. Under this new, yet familiar administration, we anticipate Trans-related litigation, including but likely not limited to another Trans Military Ban. In light of this, we want to prepare the community with information about what it might mean to be involved in a class action lawsuit. The following is not legal advice but rather is intended as general advice for communities such as ours that may be affected by impact litigation.
Participating as a plaintiff in a federal lawsuit can be a powerful way to seek justice and create lasting change. Impact litigation—lawsuits that aim to address systemic issues—is one of many tools for advocacy and can have far-reaching effects beyond individual outcomes. Participating as a plaintiff comes with certain responsibilities and considerations. Here we’ll outline some key points to help you decide if this is the right path for you.
Things to Consider Before Becoming a Plaintiff
Your Comfort with Publicity: Federal lawsuits are a matter of public record, and your name will likely be included in court filings and related materials. Consider how comfortable you are with your identity being shared publicly. In some cases, it may be possible to proceed anonymously—but this is rare and requires a court’s approval. Most lawsuits involving Trans people are “hot button,” meaning they are very likely to receive a great deal of press attention, especially from people who oppose Trans rights. When considering becoming a plaintiff in a Trans-related lawsuit, especially during a time of heightened attacks on our community, being publicly out as Trans can unfortunately present risks for things like doxxing, and online and in-person harassment.
Time Commitment: Lawsuits, especially those addressing systemic issues, can take months or even years to resolve. Plaintiffs may need to attend meetings, provide documents, respond to legal questions, and possibly testify in court. Think about whether you can commit to this process.
Emotional and Mental Preparedness: Legal proceedings can be stressful. You may have to recount personal experiences, potentially in a public setting, and be cross-examined. Ensure you have strong support systems in place; community, friends, chosen family or family of origin, and/or therapists.
Potential Risks: Consider any potential backlash, such as from your employer(s), the public, or even politicians. While discrimination is illegal in many contexts, it still happens, and it’s important to weigh these risks.
Alignment with Your Goals + Values: Impact litigation is most effective when it aligns with broader advocacy efforts. Ensure you share the goals and values of the organization or legal team pursuing the case.
Things to Do as a Plaintiff
Work Closely with Your Legal Team: Your lawyers are there to guide you through the process. Be honest and forthcoming with them so they can represent you effectively.
Keep Documentation: Maintain organized records of any relevant information, such as emails, letters, or incidents related to the case.
Prepare for Depositions and Testimony: Your legal team will help you prepare to answer questions during depositions or a trial. Practice staying calm and sticking to the facts. Not all trials require you to testify in court, however, most named plaintiffs will have to answer questions from the opposing legal council in a private meeting at a law firm, called a deposition. Your lawyers will attend the deposition with you and can help guide you through the process, but may not be able to object to all questions in the same way they might be able to in court.
Engage in Self-Care: Prioritize your mental and emotional well-being. The process can be challenging, so it’s important to check in with yourself regularly about how you’re doing and what you need, and to rely on your support systems.
Understand the Broader Context: While your case addresses your individual situation, impact litigation often seeks to create systemic change. Remember how your case fits into the larger picture.
Things to Avoid as a Plaintiff
Publicly Discussing the Case: Avoid talking about the case on social media or with people outside your legal team. Public comments can potentially harm your case.
Altering or Withholding Information: Always be truthful and transparent with your lawyers and during legal proceedings. Inconsistent or incomplete information can damage your credibility.
Underestimating the Length of the Legal Process: Don’t assume the lawsuit will be quick or easy. Be prepared for a long process with potential ups and downs. Many lawsuits take upwards of 5 years to reach a conclusion! There are many steps along the way, including pre-trial motions, motions to dismiss the lawsuit, motions for summary judgment without trial, appeals on these motions, then a possible trial, a ruling, and subsequently up to 3 levels of appeals (Appeals, En Banc Appeals, Supreme Court). Know that many cases eventually reach a settlement agreement between the two parties, or are dismissed if the issue becomes “moot.” This happened with the last Trans Military Ban once President Biden was elected and repealed the ban.
Doing It Alone: Impact litigation is a collective effort. Collaborate with your legal team and advocacy partners, and lean on your support networks and affirming community.
Final Thoughts
Becoming a plaintiff in a federal lawsuit is a significant decision. It requires careful consideration, preparation, and commitment. However, your participation can lead to meaningful change, not only for yourself but for the larger Trans community. If you’re considering this path, reach out to trusted legal professionals and advocacy organizations to explore your options and understand how you can contribute to the pursuit of justice.
Trans + Military? We want to hear from you!
Gender Justice League is prepared to take action to fight the just announced ban on open Trans military service. We are seeking Trans people in Western Washington who are currently serving in the military or are interested in joining in the near future. If this is you, please contact danni@genderjusticeleague.org.