Court clears class action for transgender troops

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1–2 minutes

Summary

A federal court cleared a class action that could extend serving protections to all transgender troops within two weeks.

Why this matters

The ruling could broaden legal protections beyond the original plaintiffs and affect thousands of transgender service members. It also marks a significant stage in litigation over the Trump administration’s military policy.

A federal court on Tuesday cleared the way for all transgender service members to continue serving in the military, despite a Trump administration policy ordering their removal.

The U.S. District Court for the District of Columbia granted a motion to certify Talbott v. USA as a class action lawsuit, several weeks after the U.S. Court of Appeals for the D.C. Circuit ruled on June 1 that the Pentagon’s transgender military ban was unlawful.

That June ruling applied only to the plaintiffs in the case. If the class action takes effect in two weeks, the protections in Talbott v. USA would extend to all transgender service members currently serving.

“The protection afforded to our plaintiffs should be available to all transgender servicemembers and their families,” National Center for LGBTQ Rights Legal Director Shannon Minter said. “We know that this ban is discriminatory, rooted in animus, and irrationally excludes highly decorated servicemembers who have deployed around the world and given everything to our country.”

President Donald Trump signed an executive order on Jan. 27, 2025, stating that service members with a history of “gender dysphoria” have medical, surgical, and mental health constraints “incompatible with the high mental and physical standards necessary for military service.”

Because transgender troops previously needed a gender dysphoria diagnosis to receive gender-affirming care in the military, many have that term in their medical records. About 4,240 transgender service members on active duty and in the reserves have a gender dysphoria diagnosis.

The Defense Department rolled out a “voluntary separation” policy in February that offered transgender service members more money than they would receive for involuntary separation.

The National Center for LGBTQ Rights and GLBTQ Legal Advocates & Defenders, known as GLAD Law, filed suit against Trump on Jan. 28, 2025, alleging the ban was unconstitutional. The case later shifted to name the U.S. government as the defendant.

The district court issued a nationwide preliminary injunction on March 18, 2025, blocking discharges under the policy. The government appealed, and the D.C. Circuit ruled for the plaintiffs on June 1, 2026.

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