AG Nessel Decries Appalling Supreme Court Decision Allowing Unjustified Transgender Military Ban to Proceed

LANSING – Yesterday, the Supreme Court ruled that the Trump Administration can enforce its ban on transgender troops serving in the military, a plan which had temporarily been blocked by lower courts but will now remain in place while challenges move forward in the courts. Michigan Attorney General Dana Nessel, who filed an amicus brief to support a lawsuit aiming to block the implementation of President Donald Trump’s executive order banning transgender people from serving in the military, issued the following statement in response: 

“I am, quite simply, appalled by this decision from the Supreme Court. The Department of Justice has effectively admitted its transgender military ban has nothing to do with these individuals’ ability to serve or any concerns about military readiness. Instead, it’s rooted entirely in bias and discrimination.  

“By allowing this ban to move forward while the legal challenges are still underway, the Court is sending an ominous signal that it may be willing to let the government impose harmful and unjustified restrictions on disfavored minorities without any legitimate justification. 

“In the Supreme Court’s Obergefell decision, the majority made clear that the government cannot discriminate against same-sex couples just because of who they are, and that animus alone can never drive legitimate government policy. That principle now seems to be at risk. Let’s be clear: The Trump Administration never claimed that these transgender service members were doing anything wrong or weren’t serving their country honorably. This is not about performance. It’s about prejudice.  

“In addition to being unlawfully discriminatory, this ban strikes an extremely reckless blow to our nation’s military capability. These troops, who will be ousted for no legitimate reason, are ready, willing, and able to serve their country with honor. Removing them doesn’t just strip our military of qualified personnel – it undermines the morale of the service members who served alongside them and represents a waste of the millions of taxpayer dollars that were spent to train these troops. 

“Despite this troubling decision, it is my hope that the rule of law will ultimately prevail, and that this dangerous and illegal executive order will be overturned.”