University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Stone v. Trump EE-MD-0151
Docket / Court 1:17-cv-02459-MJG ( D. Md. )
State/Territory Maryland
Case Type(s) Equal Employment
Attorney Organization ACLU Chapters (any)
Case Summary
On August 28, 2017, six transgender individuals currently serving in the United States military filed a complaint in the United States District Court in Maryland. The plaintiffs sued the President of the United States and various Department of Defense secretaries, in their official capacities, ... read more >
On August 28, 2017, six transgender individuals currently serving in the United States military filed a complaint in the United States District Court in Maryland. The plaintiffs sued the President of the United States and various Department of Defense secretaries, in their official capacities, arguing that they had violated the plaintiffs' Fifth Amendment rights. In an amended complaint, the plaintiffs also brought a cause of action under 10 U.S.C § 1074. The plaintiffs, represented by the ACLU of Maryland and private representation, sought declaratory judgments stating the Transgender Service Member Ban violated the Fifth Amendment and was invalid as applied to the plaintiffs. They also sought an order to permanently enjoin the defendants from enforcing the Transgender Service Member Ban, in addition to attorney’s fees. The plaintiffs claimed the Transgender Service Member Ban violated the Equal Protection clause and the Due Process clause of the Fifth Amendment by denying their ability to serve and denying them access to medical treatments previously provided by their military employment.

The plaintiffs comprised a group of transgender individuals that, under the Open Service Directive, publicly revealed their transgender status and were receiving medically necessary treatments related to their gender transition. The complaint alleged President Trump’s memorandum entitled, “Military Service by Transgender Individuals” set aside the Open Service Directive and replaced it with a policy that contained animus for transgender individuals. The complaint singled out the policy directives that rescinded protection against discharge of existing service members, banned new enlistments and commission, and banned medically necessary care. The plaintiffs alleged these directives directly violate their Fifth Amendment rights and discriminated against each of the plaintiffs and other service members who identified as transgender on the basis of sex.

On September 14, 2017, the plaintiffs also filed for a preliminary injunction to enjoin the defendants from enforcing President Trump’s memorandum until final judgment was given on the case. On November 21, 2017, Judge Garbis granted the plaintiffs' preliminary injunction because the plaintiffs were likely to succeed on their equal protection claims against the three policy directives and the claims under due process were sufficiently plausible to withstand dismissal. Judge Garbis also dismissed the plaintiffs' cause of action under 10 U.S.C § 1074 without prejudice. 2017 WL 5589122.

The defendants' filed an appeal against the preliminary injunction on December 6, 2017 to the Fourth Circuit and later filed a motion for clarification and stay in the appeals court and the district court. The motions for clarification and stay were denied in both courts. Following, the defendant’s filed a voluntary dismissal motion for their appeal of the preliminary injunction on December 29, 2017.

This case is currently ongoing.

Taylor Brook - 01/18/2018


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Issues and Causes of Action
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Issues
Constitutional Clause
Due Process
Equal Protection
Content of Injunction
Preliminary relief granted
Discrimination-area
Discharge / Constructive Discharge / Layoff
Discrimination-basis
Gender identity
Sex discrimination
General
Gay/lesbian/transgender
Plaintiff Type
Private Plaintiff
Causes of Action Bivens
Ex parte Young (federal or state officials)
Defendant(s) President Donald Trump
Plaintiff Description 6 Transgender Military Service Members
Indexed Lawyer Organizations ACLU Chapters (any)
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Preliminary injunction / Temp. restraining order
Source of Relief Litigation
Case Ongoing Yes
Additional Resources
click to show/hide detail
  ACLU page on Stone v. Trump
Date: Jan. 19, 2018
By: ACLU
[ Detail ] [ External Link ]

  Microsoft Gender Discrimination Class Action Lawsuit
Date: Oct. 14, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Age Discrimination Class Action seeks Fair Employment for Older PwC Applicants
http://www.pwcagecase.com/
Date: Apr. 27, 2016
By: Outten & Golden
[ Detail ] [ External Link ]

  Smith Barney Gender Discrimination
https://www.lieffcabraser.com/employment/smith-barney/
Date: August 2008
By: Outten & Golden
[ Detail ] [ External Link ]

  Megacases, Diversity, and the Elusive Goal of Workplace Reform
Date: Mar. 1, 2008
By: Nancy Levit (University of Missouri-Kansas City School of Law Faculty)
Citation: 49 B.C. L. Rev. 367 (2008)
[ Detail ] [ External Link ]

  Second Generation Employment Discrimination: A Structural Approach
Date: Apr. 1, 2001
By: Susan Sturm (Columbia Law School Faculty)
Citation: 101 Colum. L. Rev. 458 (2001)
[ Detail ] [ External Link ]

Docket(s)
1:17-cv-2459 (D. Md.)
EE-MD-0151-9000.pdf | Detail
Date: 01/26/2018
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Declaratory and Injunctive Relief [ECF# 1]
EE-MD-0151-0001.pdf | Detail
Date: 08/28/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Declaratory and Injunctive Relief [ECF# 39]
EE-MD-0151-0002.pdf | Detail
Date: 09/14/2017
Source: PACER [Public Access to Court Electronic Records]
Preliminary Injunction [ECF# 84] (D. Md.)
EE-MD-0151-0003.pdf | Detail
Date: 11/21/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum and Order Re: Motions [ECF# 85] (D. Md.)
EE-MD-0151-0004.pdf | Detail
Date: 11/21/2017
Source: PACER [Public Access to Court Electronic Records]
Order
EE-MD-0151-0006.pdf | Detail
Date: 12/21/2017
Source: PACER [Public Access to Court Electronic Records]
Memorandum & Order Re: Clarification [ECF# 101] (D. Md.)
EE-MD-0151-0005.pdf | Detail
Date: 12/28/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Diaz, Albert (Fourth Circuit)
EE-MD-0151-0006
Garbis, Marvin J. (D. Md.)
EE-MD-0151-0003 | EE-MD-0151-0004 | EE-MD-0151-0005 | EE-MD-0151-9000
Harris, Pamela Ann (Fourth Circuit)
EE-MD-0151-0006
Motz, Diana Jane Gribbon (Fourth Circuit)
EE-MD-0151-0006
Plaintiff's Lawyers Bozman, Jeffrey Todd (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Cooper, Leslie (New York)
EE-MD-0151-0002 | EE-MD-0151-9000
Corwin, Carolyn Frances (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Esseks, James Dixon (New York)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Golden, Augustus (District of Columbia)
EE-MD-0151-9000
Hanson, Christopher Justin (District of Columbia)
EE-MD-0151-0002 | EE-MD-0151-9000
Jeon, Deborah A. (Maryland)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Kamin, Mitchell A. (California)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Kies, Marianne F. (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Komorowski, Peter John III (District of Columbia)
EE-MD-0151-9000
Lampros, Nicholas Monroe (California)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Lynch, Mark H. (District of Columbia)
EE-MD-0151-9000
Martinez Resly, Jaclyn E. (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-9000
Plotkin, Thomas Ian (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Rocah, David Robert (Maryland)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Strangio, Chase (New York)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Zionts, David M. (District of Columbia)
EE-MD-0151-0001 | EE-MD-0151-0002 | EE-MD-0151-9000
Defendant's Lawyers Parker, Ryan B. (District of Columbia)
EE-MD-0151-9000
Spector, Phil (Massachusetts)
EE-MD-0151-9000
Other Lawyers Colb, Sara A. (Massachusetts)
EE-MD-0151-9000
Rosenberg, Jeffrey Saul (District of Columbia)
EE-MD-0151-9000

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