The flurry of executive orders emanating from President Trump that began in his first hours in office has already met significant pushback, including legal challenges. After Trump signed an order targeting transgender troops in the military, a pair of advocacy groups filed suit alleging the president’s order is unconstitutional.

The lawsuit was filed in Washington DC District Court by the National Center for Lesbian Rights (NCLR) and GLAD Law. This is the same legal team that went after Trump during his first administration when he issued a similar ban on transgender troops. The plaintiffs named in the lawsuit include six transgender service members and two individuals who want to join the military.

The lawsuit challenges the constitutionality of the executive order, citing that it violates the Equal Protection component of the Due Process Clause of the Fifth Amendment.

Shannon Minter, legal director for NCLR, shared, “The law is very clear that the government can’t base policies on disapproval of particular groups of people.” Minter adds, “That’s animus. And animus-based laws are presumed to be invalid and unconstitutional.”

Other advocate groups including Lambda Legal have said they also plan to pursue a similar lawsuit against the administration regarding the ban.

The executive order did not mince words, declaring that individuals who expressed a “gender identity” that was different from their sex at birth would not meet military standards. The executive order also bans the use of “invented” pronouns within the military.

Trump’s order explains that identifying as transgender “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle” and is harmful to overall military readiness.

The executive order however did not detail whether or not current service members who identify as transgender would be allowed to continue with their service. If they are to be removed, the executive order did not mention how such a removal process would take place.

According to data from the Department of Defense, over 1.3 million active-duty personnel serve in the military, and an estimated 15,000 of those members identify as transgender, according to transgender rights advocates.

The executive order was met with swift retaliation from democrats and advocacy groups alike who support the rights of transgender individuals. After the order was signed, Senator Andy Kim denounced it arguing, "President Trump's Executive Order is an insult to the bravery and service of transgender servicemembers." Kim adds, “How can we have a military that protects all Americans if it doesn't recognize and respect all Americans?"

This is not the first time President Trump has made criticizing remarks against the LGBTQ community. During his first term, Trump announced via tweet that he would ban transgender individuals from joining the military and that he would ban the recognition of transgender individuals in the military entirely. Over the term of Trump’s first presidency, his administration stopped accepting applications for military service from people who were openly transgender while still allowing existing transgender military members to continue with their service.

The Supreme Court allowed the policy to take effect before they could decide on its constitutionality. President Biden would go on to reverse that stance, however, after he took office in 2021.

One of the plaintiffs named in the lawsuit, Army Capt. Gordon Herrero, shared in a personal statement attached to the lawsuit that explained in part, “There’s nothing about being transgender that makes me better or worse than any other soldier I serve alongside. We are all here because we are committed to our country, and we are passionate, willing, and able to serve effectively.”