Transgender Service Member Challenges Trump Administration's Restroom Policy

LeAnne Withrow, a transgender member of the Illinois National Guard, has initiated a class action lawsuit against the Trump administration over its policy that prohibits transgender and intersex federal employees from using restrooms that correspond with their gender identity. The lawsuit was filed in the U.S. District Court for the District of Columbia and names several high-ranking officials, including Defense Secretary Pete Hegseth, Secretary of State Marco Rubio, and Secretary of Homeland Security Kristi Noem, as defendants.

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The lawsuit stems from an executive order issued by former President Donald Trump titled “Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government.” This order mandates that federal agencies exclude transgender and intersex individuals from single-sex spaces that align with their gender identity. Withrow, who has served in the National Guard since 2010 and has been a civilian employee for several years, argues that this policy violates Title VII of the Civil Rights Act of 1964, which prohibits sex discrimination in the workplace. The U.S. Supreme Court's 2020 ruling in Bostock v. Clayton County established that sex discrimination includes discrimination based on gender identity.

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Withrow is represented by several organizations, including Democracy Forward, the American Civil Liberties Union (ACLU), the ACLU of D.C., and the ACLU of Illinois. These groups are advocating for the rights of transgender individuals and challenging the legality of the restroom policy.

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The lawsuit seeks to end the enforcement of the restroom policy and to declare that the executive order violates the federal Administrative Procedure Act. Withrow's case highlights broader issues regarding the treatment of transgender individuals in federal employment and the implications of discriminatory policies on their dignity and well-being.

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Critics of the restroom policy, including Withrow and her legal representatives, argue that it constitutes "hateful bigotry" aimed at denying transgender individuals their basic dignity. Kaitlyn Golden, senior counsel at Democracy Forward, emphasized that the policy not only disregards the existence of transgender and intersex employees but also represents an attempt by the Trump administration to target these individuals.

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In a press release, Withrow stated, “No one should have to choose between their career in service and their own dignity.” She expressed hope that the court would restore dignity to transgender individuals serving in the military. Additionally, Shana Knizhnik, senior staff attorney for the ACLU’s LGBTQ & HIV Project, remarked on the unlawful nature of the executive order and its impact on transgender individuals.

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• “No one should have to choose between their career in service and their own dignity,” — LeAnne Withrow, Plaintiff

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• “This policy is hateful bigotry aimed at denying hardworking federal employees their basic dignity simply because they are transgender,” — Kaitlyn Golden, Senior Counsel, Democracy Forward

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• “We look forward to demonstrating to the court that this unlawful executive order not only denies the existence of transgender and intersex employees, it is yet another attempt by the Trump administration to target and punish transgender people for simply being who they are,” — Shana Knizhnik, Senior Staff Attorney, ACLU’s LGBTQ & HIV Project

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The lawsuit is set to proceed in court, where Withrow and her legal team will argue against the restroom policy and seek to establish protections for transgender federal employees. The outcome of this case could have significant implications for the rights of transgender individuals in the workplace.

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