US Supreme Court Backs President’s Military Ban On Transgender Personnel

Steve Benson / creators.com

The republican President Donald Trump has gotten his sway with catering to the White Evangelical faction of his base with his 7/26/17 ban on transgender individuals from being able to serve in the US Military.

President Trump’s decision on banning transgender soldiers from serving in the US military, initially took many Pentagon officials by surprise when the president first announced it by Twitter on July 26.”

Silhouettes of U.S. soldiers are pictured. | Getty Images
Silhouettes of U.S. soldiers are pictured. | Getty Images

On 3 successive tweets, the president declared, “After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you.”

After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow……

….Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming…..

….victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail. Thank you

Until today, the 22nd of January 2019, the lower courts had put a halt to the president’s ban but all these lower case rulings have been stayed/ voided by the US Supreme Court justices as they schedule a hearing, on a case involving the rights of transgender individuals to be able to serve in the US military.
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THE SUPREME COURT LURCHES RIGHT
Here is the rest of the story…
On July 22, 2019, David G. Savage of the Los Angeles Times penned the following report, “Supreme Court rules for Trump’s ban on transgender troops in the military”
Excerpts:
“The Supreme Court on Tuesday (1/22/19) set aside nationwide orders from three federal judges and ruled the Defense Department could now enforce President Trump’s policy that effectively bans transgender people from serving in the military.”
“The justices acted on a 5-4 vote, over dissents by Justices Ruth Bader Ginsburg, Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.”
Image result for photos of Solicitor General. Noel Francisco
Solicitor General. Noel Francisco
“The court’s decision, though not a final ruling on the constitutional question, is a significant victory for Trump and his lawyers. Last month, they filed emergency appeals in the high court and urged the justices to act now to put Trump’s ban into effect while the legal fight continued in the lower courts.”
“Trump’s Solicitor Gen. Noel Francisco said keeping the president’s policy on hold “posed too great a risk to military effectiveness and lethality,” and he urged the court to defer to the “professional judgment” of the military’s leaders.”
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KENNEDY WAS REPLACED BY KAVANAUGH
“The decision suggests the justices are likely to uphold the Trump policy when the constitutional case eventually reaches the high court. But advocates for the transgender troops believe their lawsuits will reveal the Defense Department had no valid basis for reimposing a discriminatory policy.”
“The court refused to hear the appeals immediately, leaving the issue to be decided first by federal courts of appeal.”
“In Trump vs. Karnosky and two companion cases, the court said the “preliminary injunction is stayed pending disposition of the government’s appeal” in the lower courts. The four dissenters said they would have denied the request to lift the injunctions.”
“The outcome leaves the status of transgender troops in doubt.”
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ELENA KAGAN/ SONIA SOTOMAYOR/ RUTH BADER GINSBERG
“In 2016, Defense Department officials in the outgoing Obama administration decided transgender individuals would be permitted to enlist in the armed forces, and none would be discharged solely because of their gender identity. Under the judges’ orders, that policy had remained in effect.”
“In June 2017, however, President Trump tweeted the “United States government will not accept or allow” transgender people “to serve in any capacity in the U.S. Military.” He told then-Defense Secretary James N. Mattis to devise a new policy to put his edict into effect.”
People gathered at Washington Square Park in Manhattan on Sunday at a rally to endorse transgender rights. CreditYana Paskova/Getty Images
“Early last year, the Defense Department adopted this more restrictive policy for transgender individuals; officials said it stopped short of a total ban. “Transgender persons should not be disqualified from service solely on account of their transgender status,” it said. Transgender individuals, however, “would be required to serve in their biological sex,” the lawyers explained, while those who would undergo a transition “would be presumptively disqualified from service.”
“Service members who identify as transgender “would be permitted to continue serving if they do not seek to undergo gender transition, are willing and able to serve in their biological sex and are able to meet applicable deployability requirements,” the lawyers told the court. The Defense Department said it had exempted transgender troops who had revealed their identity in response to the 2016 policy, and it said 937 troops could continue to serve openly as transgender people under the new policy.”
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“Studies and surveys cited by advocates say about 9,000 and perhaps as many 15,000 transgender persons are serving now in the military.”
“Acting in response to lawsuits, federal judges in Riverside, Calif.; Seattle; Baltimore; and Washington, D.C., issued nationwide orders blocking Trump’s policy from taking effect on the grounds it appeared be unconstitutional. Two weeks ago, the U.S. Court of Appeals for the District of Columbia reversed the judge’s order in one case and said the new policy was not an absolute ban on transgender people serving in the military.”
Image result for PHOTOS TRANSGENDER PROTESTS
“Advocates for transgender troops disagreed. The D.C. circuit court’s “decision is based on the absurd idea that forcing transgender people to suppress who they are in order to serve is not a ban,” said Jennifer Levi, transgender rights project director for GLBTQ Legal Advocates & Defenders. She noted then that the three other injunctions were unaffected.”
“In early December, Trump’s lawyers had asked the Supreme Court to either take up the cases directly without waiting for a ruling by an appeals court or to issue an order setting aside the lower court injunctions so Trump’s policy could take effect. The justices decided on the second option.”
Link to report: Los Angeles Times

10 comments

  1. Reblogged this on It Is What It Is and commented:
    Slowly, slowly .. . the wheels of justice turn!! Lurching to the RIGHT!! Scary … ‘The republican Drumpf has gotten his sway with catering to the White Evangelical faction of his base with his 7/26/17 ban on transgender individuals from being able to serve in the US Military.’

    Liked by 2 people

    • Dear Kim,

      I was hoping that the Supreme Court would have refused to hear this transgender case. This is a worst case scenario as the court has singled what their ruling will be when they stayed the decisions rendered by the lower courts barring the military from acting on the president’s order to bar transgender men and women from serving in the military.

      This is just one more reason that Democratic Party candidates need to win back the US Senate and the office of the presidency in 2020.

      Hugs, Gronda

      Liked by 1 person

    • Dear Joanne the geek,

      The president is a disappointing figure lacking compassion and any semblance of decency. I’m believing that he took this action to please his Evangelical base and not for US national security reasons.

      Hugs, Gronda

      Liked by 1 person

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