Federal litigation
Shilling v. United States
Case No. 2:25-cv-00241 · U.S. District Court, Western District of Washington
On February 6, 2025, CDR Emily Shilling became the lead named plaintiff in a federal lawsuit challenging Executive Order 14183 — "Prioritizing Military Excellence and Readiness" — signed January 27, 2025, which banned transgender individuals from serving in the U.S. military. The case is co-litigated by Lambda Legal and has proceeded through the district court, the Supreme Court, and the Ninth Circuit Court of Appeals.
Plaintiffs
-
CDR Emily "Hawking" Shilling
Lead plaintiff · Navy Commander, Test Pilot · 1,714 flight hours, 60 combat missions
-
Six active-duty transgender service members
Spanning multiple branches
-
Matthew Medina
Prospective transgender service member
-
Gender Justice League
Civil rights organization · organizational plaintiff
What is at stake
Executive Order 14183 prohibits transgender individuals from enlisting or serving in the U.S. Armed Forces. The plaintiffs argue the order violates the equal protection guarantees of the Fifth Amendment, is motivated by animus rather than legitimate military interest, and causes irreparable harm to the careers, livelihoods, and dignity of the service members it targets.
For Emily Shilling specifically, the ban threatens a 20+ year Navy career, her status as a qualified test pilot, and her ongoing service in a field where her expertise is irreplaceable.
Case timeline
- Jan 27, 2025
Executive Order 14183 signed
President Trump signs order banning transgender individuals from military service, citing "military excellence and readiness."
- Feb 6, 2025
Complaint filed — Shilling v. Trump
Lawsuit filed in the U.S. District Court for the Western District of Washington, with CDR Shilling as lead named plaintiff. Co-litigated by Lambda Legal.
- Mar 27, 2025
Nationwide preliminary injunction issued
Judge Benjamin H. Settle issues a nationwide preliminary injunction blocking enforcement of the ban while litigation proceeds.
- May 6, 2025
Supreme Court grants emergency stay — United States v. Shilling
The Supreme Court (6-3, Justices Sotomayor, Kagan, and Jackson dissenting) grants an emergency stay of the injunction, allowing the ban to take effect while the case continues. The case caption becomes United States v. Shilling (docket 24A1030) at the Supreme Court level.
- Oct 20, 2025
Ninth Circuit oral arguments — Portland, Oregon
The Ninth Circuit Court of Appeals hears oral arguments in Shilling v. United States. SPARTA Pride issues a public statement in connection with the hearing.
- Ongoing
Case continues in the Ninth Circuit
Following oral arguments in October 2025, the case remains active. Check Lambda Legal's case page for the latest status.
Background
2019 — First ban
Emily Shilling came out as transgender during the first Trump-era ban, losing her military flight status as a result. She was grounded for years despite being a qualified carrier test pilot.
2021–2023 — Restoration
After President Biden reversed the ban in 2021, Shilling entered the Bureau of Medicine and Surgery clearance pipeline. In 2023 she became the first openly transgender active-duty Naval officer to regain flight status post-transition.
2025 — Second ban
Executive Order 14183 reinstated the ban ten days after inauguration. Shilling, then serving as Deputy Program Manager at PMA-268 and president of SPARTA Pride, filed suit six days after the order was signed.
Support the mission
SPARTA Pride
A Transgender Military Advocacy Organization
SPARTA Pride is the leading nonprofit organization dedicated to advocating for transgender and non-binary service members, veterans, and their families. They provide peer support, professional development, policy advocacy, and community for people who serve — or have served — at enormous personal cost.
The work SPARTA does is about more than any one person or any one lawsuit. It is about ensuring that everyone who is willing and able to serve their country can do so with dignity. That work continues regardless of who is in office, what the courts decide, or what the headlines say.
Note: This endorsement is personal. I am no longer affiliated with SPARTA Pride in any official capacity. I share this because the work matters — full stop.