🔗 Share this article

A group of 17 transgender American military service members has filed a lawsuit against the former president's government for denying their early retirement pensions and associated benefits.

Court Action Submitted in US District Court

The formal complaint, submitted in US district court, characterizes the government's action as "unlawful and invalid" according to court documents.

This legal action comes after the USAF's announcement that it would revoke premature pension benefits to all trans military personnel with 15 to 18 years of armed forces service, a ruling that effectively pushes them out of the armed forces without retirement support.

"The Air Force's own retirement instruction provides that retirement orders may only be rescinded under extremely restricted conditions, none were present here," declares the legal complaint.

Plaintiffs and Economic Consequences

Among the named plaintiffs are Logan Ireland, Technical Sergeant Davis, Staff Sergeant Brimhall and Senior Master Sergeant Walley.

Legal advocacy groups acting for the affected service members stated that the revocation of premature pension benefits had ripped away financial support and entitlements these families were counting on after long years of excellent service to their nation.

"These service members will forfeit $1-2m in lifetime benefits, threatening their families' economic security," according to the official declaration. "This decision also strips the airmen and their families of access to military health insurance, the armed forces healthcare plan, which would have provided access to private medical services in addition to Veterans Administration centers."

Wider Background

The lawsuit occurred during the latest escalation by the Trump administration to prohibit transgender people from joining the military and to discharge those already serving. The Department of Defense has argued that trans individuals are medically unfit, something human rights advocates have strongly contested and say represents illegal discrimination.

In spring, a federal judge halted Trump's executive order banning trans individuals from armed forces duty. Federal judge Judge Reyes in Washington DC ruled that the order likely infringed upon their fundamental rights. Pentagon officials have stated in the past that 4,200 service members were diagnosed with "gender identity disorder", which they use as an marker of being trans.

USAF Regulations

The USAF, however, has distinguished itself in its implementation of policies that go beyond just discharging personnel from armed forces duty. As well as revoking early retirement benefits, the service rolled out a recent regulation in late summer to deny trans personnel the opportunity to argue before a military review board for the right to continue their military career.

The latest legal challenge, the most recent in a series, is contesting that regulation.

Court Requests

Per the legal filings, the "plaintiffs' retirement orders remain valid and effective". Their attorneys are demanding these "authorizations to be reinstated" and pushing for "their military records be corrected appropriately". The complaint also says "interest, legal expenses and lawyer costs" must be included and "further relief as the court deems just and proper."

"The military trained me to command and combat, not retreat," stated Master Sergeant Ireland, who has fifteen years of military experience. "Removing my retirement communicates that those principles only apply on the battlefield, not when a military member needs them most."