WHEREAS, On January 27, 2025, President Donald J. Trump executed an executive order titled “Prioritizing Military Excellence and Readiness”1 (the “Executive Order”); and
WHEREAS, the Executive Order states: “Consistent with the military mission and longstanding DoD policy, expressing a false ‘gender identity’ divergent from an individual’s sex cannot satisfy the rigorous standards necessary for military service;” and
WHEREAS, the Executive Order states: “Beyond the hormonal and surgical medical interventions involved, adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle, even in one’s personal life.”; and
WHEREAS, the Executive Order states: “A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service members.”; and
WHEREAS, the Executive Order states: “A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service members.”; and
WHEREAS, the Executive Order directs the Secretary of Defense to update DoDI 6130.03 Volume 1 (Medical Standards for Military Service: Appointment, Enlistment, or Induction (May 6, 2018), Incorporating Change 5 of May 28, 2024) and DoDI 6130.03 Volume 2 (Medical Standards for Military Service: Retention (September 4, 2020), Incorporating Change 1 of June 6, 2022) to reflect the Executive Order; and
WHEREAS, the transgender service member advocacy group SPARTA PRIDE estimates there are 15,000 to 25,000 transgender servicemembers presently serving in the Armed Forces;2 and
WHEREAS, LGBTQIA+ American have served in the Armed Forces since the Revolutionary War;3 and
WHEREAS, the United States Armed Forces has faced and continues to face a recruiting and retention crisis4; and
WHEREAS, members of the transgender community are twice as likely to serve in the military as members of the general population5; and
WHEREAS, cisgender servicemembers who have served alongside transgender individuals have not reported issues regarding unit readiness or cohesion; however, forcing transgender servicemembers into the closet will impede cohesion and create an atmosphere of distrust;6and
WHEREAS, the probation against the enlistment and retention of transgender individuals in the Armed Forces is an arbitrary and discriminatory act unrelated to military readiness and general occupational standards; and
WHEREAS, any qualified individual ought to be permitted to serve our country in the Armed Forces, regardless of their gender, gender identity, or gender expression; and
WHEREAS, the Executive Order exclusively prohibits transgender individuals from exercising the ability to volunteer for and serve in the United States Armed Forces; and
WHEREAS, this Executive Order harms the reputation of the United States military, discouraging allied and supportive non-transgender citizens from enlistment.7
NOW THEREFORE, BE IT RESOLVED that the Philadelphia Bar Association and the Philadelphia LGBTQ Bar Association call upon President Donald J. Trump to immediately rescind executive order title “Prioritizing Military Excellence and Readiness” and continue to permit all qualified individuals to serve and continue to serve in the United States Armed Services.
IT IS FURTHER RESOLVED that the Board of Governors authorizes the Chancellor or the Chancellor’s designee to communicate the contents of this Resolution to President Donald J. Trump, other members of his Administration, members of Congress and the public at large, and to take such other action as may be appropriate.
PHILADELPHIA BAR ASSOCIATION
BOARD OF GOVERNORS
Adopted: March 18, 2025
1 https://www.whitehouse.gov/presidential-actions/2025/01/prioritizing-military-excellence-and-readiness/
2 https://www.nytimes.com/2025/01/28/us/politics/trump-transgender-troops.html
3 https://strickland.house.gov/wp-content/uploads/2025/02/EQUITY-Bill-Text-STRIWA_008_xml.pdf
4 https://www.military.com/daily-news/2024/01/22/uphill-battle-boost-recruiting-military-faces-falling-public-confidence-political-attacks-economic.html
5 https://pmc.ncbi.nlm.nih.gov/articles/PMC7906232/#B6
6 https://palmcenterlegacy.org/wp-content/uploads/DoDs-Transgender-Ban-Has-Harmed-Military-Readiness-copy-3.pdf at pages 19-21 (“The ban harms unit cohesion. . . .”)
7 https://palmcenterlegacy.org/wp-content/uploads/DoDs-Transgender-Ban-Has-Harmed-Military-Readiness-copy-3.pdf
