In response to the August 25 presidential memorandum, the ACLU filed a petition in the District of Maryland on behalf of six openly serving transgender members of the military.
This lawsuit reiterates the basic claims of the recently filed GLAD and NCLR suit, Doe v. Trump, but it parses out the three critical elements of the August 25th memo: (1) ban on existing service members (Sec. 1(b)); (2) ban on new enlistments (Sec. 2(a)); and (3) ban on medically necessary care (Sec. 2(b)).
Further, Stone v. Trump argues that discrimination against transgender individuals deserves heightened scrutiny. The Supreme Court has not yet determined whether transgender individuals, as a class, deserve intermediate or strict scrutiny when reviewing government discrimination against transgender people.