He drove two hours to his Army unit. A friend handed him papers to force him out just for being trans

By the time Army Reserve 2nd Lt. Nicolas Talbott arrived at his unit Saturday evening, he had decided that, no matter what happened, he would leave with his head held high.

He had driven nearly two hours to receive paperwork beginning the process of removing him from the military under President Donald Trump’s transgender service ban. Another lieutenant, a close friend, would hand him the documents. His battalion commander would join by video. People he considered family would help carry out a policy he is suing to overturn.

“This is a close personal friend of mine who knows the scope of my situation,” Talbott told The Advocate. “So it was definitely a very emotionally charged moment.”

His commander had warned him that the proceedings were coming. Knowing did little to soften the experience.

“It’s like I’ve been teetering on the edge of a cliff for a while now, and finally somebody came along and pushed me over the edge,” he said.

Related: Pete Hegseth is trying to force this transgender soldier out of the military. He won't leave voluntarily

Talbott, the lead plaintiff in one of the principal challenges to Trump’s ban, is now confronting the separation process while a ruling protecting currently serving plaintiffs remains on hold.

In a Wednesday notice to the court, attorneys in Talbott v. United States identified six plaintiffs facing involuntary separation proceedings and urged the U.S. Court of Appeals for the District of Columbia Circuit to immediately issue its mandate, the procedural step that would make its ruling effective.

For Talbott, the consequences reach beyond his own career. He thinks about the soldiers who will notice his absence, the projects he may have left unfinished, and whether he will be allowed to stay in contact with his unit.

“And my mind right now goes to my soldiers,” he said. “What are they going to think when I don’t show up this month? How are they going to react?”

Related: Meet the transgender Army lieutenant who is challenging Donald Trump's military ban

A ruling on hold, careers on the line

As The Advocate reported in June, a divided appeals court upheld a preliminary injunction protecting currently serving plaintiffs, finding that they were likely to succeed in challenging the policy’s constitutionality. The court did not extend that protection to prospective recruits. The decision addressed temporary relief while the lawsuit proceeds.

The Justice Department then sought to delay the mandate while pursuing Supreme Court review. According to the new filing, the mandate has not yet been issued, and the military continues to initiate separation proceedings against the people who won that appellate ruling.

Alongside Talbott, the filing identifies Army plaintiffs Jackie Gross and Beck Simpson and Navy plaintiffs Samuel Ahearn and Austin Converse as recipients of notices initiating involuntary separation.

The sixth plaintiff, Navy Lt. Clara Winchell, appeared before a board of inquiry on September 23. The board found her disqualified under the policy while stating that, without it, “the board without reservation would recommend retention based on a record of exemplary service.”

The board also recommended that the Navy hold off on separating Winchell pending resolution or a final decision in the case.

“Until this Court issues its mandate, these and other plaintiffs-appellees will continue to be subjected to the unconstitutional harms of the Hegseth Policy,” the plaintiffs’ attorneys wrote. Defense Secretary Pete Hegseth has targeted transgender service members both in policy and with anti-trans rhetoric.

The administration maintains that Hegseth’s policy regulates gender dysphoria and related medical treatment and is justified by military readiness. As The Advocate previously reported, its Supreme Court petition seeks to overturn the appellate ruling before the case reaches trial. The Supreme Court docket lists the plaintiffs’ response as due on November 2.

U.S. District Judge Ana Reyes has certified a broader class of transgender service members and prospective recruits. That trial is scheduled to begin on January 4.

Talbott wants the courts to understand the urgency.

“Now that we’re approaching the date of the trial, suddenly it seems like our dismissals are being expedited,” he said.

Related: ‘Lesser-known D-Day’ strikes as Pentagon purges transgender patriots serving in the U.S. military

‘I am an American soldier’

Talbott intends to demand a board of inquiry and present his service record. He said he would participate even if ordered to wear a uniform inconsistent with his gender or shave his facial hair.

“I am absolutely invoking my right to a board of inquiry,” he said.

That resolve follows years of trying to serve through successive changes in federal policy. The Advocate has chronicled his long effort to enter the military, his March 2024 enlistment, his recognition at basic training, and his eventual commission as an Army Reserve officer.

Now, he wants the military to review his work.

“I have been a good soldier. I have been a good lieutenant. I have been a good leader,” he said, describing what he intends to tell the board.

He rejects the suggestion that transgender troops fighting to remain in uniform are putting themselves ahead of their service.

“I am an American soldier before I am anything else, period, full stop,” he said.

His concerns about leaving are specific. He worries whether colleagues have the information they need, whether someone else can take over his projects, and how his soldiers will manage the approaching holiday season. He recalled instructions to check on soldiers daily during that period because of concerns about their mental health.

Related: Attorneys urge appeals court to see Trump’s trans military ban is rooted in bigotry, not national security

“At the end of the day, we’re all people, and we are tight-knit groups in these units,” he said.

The separation meeting required him to sign paperwork and prepare to consult his legal team. It also required him to sit with colleagues whose relationships with him had been built through service, knowing he would no longer return to the unit as he normally did.

“I was going to walk into that room with my head held high, and I was going to walk out the same way because I know at the end of the day that I’ve served my country with pride and with honor and integrity,” he said.

Outside the military, Talbott is keeping busy with his civilian job and a small business he recently started with a friend. His sister had a baby a few months ago, and he is embracing being an uncle.

He is also maintaining his physical fitness, preparing for the possibility that the Army's next call will bring him back.

“All right, LT, you’re back on deck,” he imagined being told. “Boot up and show up.”