On May 6th, the Supreme Court quietly reinstated Trump’s ban on Trans service members using the shadow docket—without a full trial or fair hearing. This cowardly move denies thousands of Trans Americans their right to due process and strips them of their livelihoods, healthcare, and due benefits. We condemn this action in the strongest terms.

As a result, the administration’s discriminatory policy is now in effect while our legal challenge continues. But to be clear: this is not over.

Alongside our partners at Lambda Legal and Human Rights Campaign, we are continuing to challenge this unconstitutional ban on Trans service members in court. Our legal team has returned to the lower courts to press forward with Shilling v. Trump—our case against this discriminatory policy. Trans people deserve dignity and justice—and we will not stop until we get it.

Just yesterday, the Ninth Circuit Court of Appeals held a critical hearing in Seattle, where our very own Danni Askini delivered oral arguments. The court is currently reviewing the non-emergency motion to stay the district court’s earlier injunction—now paused by the Supreme Court. While this hearing won’t decide the entire case, it is an important moment for judges to zero in on core constitutional questions, including whether presidential authority over the military can override the Fifth Amendment’s guarantee of due process, and whether this ban was rooted in anti-Trans animus.

As our case proceeds, we are also engaging with local, county, and state officials across Washington state to advocate for immediate support for Trans veterans and recently separated service members. We’re calling for specifically tailored resources and clear guidance to help those impacted to navigate this moment. We will continue to provide updates as we learn more.

Another case challenging the Trans military ban, Ireland v. Hegseth, was dismissed yesterday on May 15th, likely in response to the Supreme Court’s recent stay in Shilling. While disappointing, this outcome only reinforces the urgency of our continued impact litigation and advocacy.

The Talbott v. Department of Justice case, however, remains on hold pending a decision from the D.C. Court of Appeals. The trial has concluded, and we’re now awaiting a ruling on the prior injunction. We remain hopeful for a strong outcome that affirms the rights of Trans service members.

In better news, we’ve secured a key victory and seen additional meaningful progress with a newly filed case in the lawsuits fighting passport restrictions banning Trans people from accessing accurate identity documentation.

In late April, we won a major victory in Orr v. Trump with an injunction blocking enforcement of this discriminatory policy! Though this court order extends only to the six Trans plaintiffs in this case, two days ago, our side filed a motion to certify the case as a class action—which would extend the protection of the injunction beyond the named plaintiffs to all Trans people impacted by the rule.

Recently, Lambda Legal filed Schlacter v. US Dept. of State, a new federal case on behalf of seven Trans Americans, similarly challenging the discriminatory delays and denials in passport processing for Trans applicants. We are currently awaiting the court to schedule the initial hearing for a preliminary injunction. Encouragingly, both passport cases are being heard by judges appointed by Presidents Obama and Biden—a hopeful sign for justice and fairness ahead.

Ultimately, these cases are about Trans peoples’ fundamental rights to exist in public life and to live our lives free from discrimination. Every hearing, every ruling, every motion filed is part of a larger legacy of our community’s fight to exist. 

Together with our partners, our community, and our supporters, we’ll keep pushing forward until Trans people are treated with the dignity, equity, and justice we deserve.

We don’t back down. Not now, not ever.