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BALTIMORE, MD – Attorney General Anthony G. Brown joined attorneys
general in 20 states arguing, in a brief filed in the U.S. Court of Appeals for the Ninth Circuit on
Friday, that President Trump’s discriminatory ban on transgender military service members
undermines state and national security. The brief was filed in support of a lawsuit by personnel
seeking to overturn the order.
“Excluding transgender Americans from military service is not only discriminatory – it’s a direct
threat to our national security,” said Attorney General Brown. “These are courageous, skilled
individuals who are willing to risk everything for their country. President Trump’s unlawful ban
sacrifices military readiness and basic human dignity for political gain. We must stand with all
those who are ready to serve, not push them aside because of who they are.”
The brief was filed in Shilling v. Trump, which was brought by lead plaintiff and decorated U.S.
Navy Commander Emily Shilling. Shilling, who has served for over 20 years and flown over 60
combat and high-risk missions, is transgender and wants to continue working for the American
public. In February, Attorney General Brown – joined by 20 other states – filed an amicus brief in the district court in support of the plaintiffs. The district court relied on that brief in issuing a
preliminary injunction halting implementation of the president’s executive order nationwide.
The brief states that the president’s order “not only violates the Constitution…but it will also
weaken our nation’s military, including the National Guards operated by all Amici States.”
Friday’s brief reaffirms that the injunction is necessary to protect important state interests. The
attorneys general describe how the president’s action deprives states’ National Guard units of
experienced and qualified soldiers at a time when recruitment is especially challenging. Trump’s
blatantly discriminatory policy is also fundamentally at odds with state laws protecting
transgender individuals.
In filing the brief, Attorney General Brown was joined by the attorneys general of California,
Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New York, North Carolina, Oregon, Rhode Island, Vermont, Washington,
and Wisconsin.
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