LGBT

Court Blocks Trump’s Transgender Service Ban

JM Ashby
Written by JM Ashby

The U.S. District Court for the Fourth Circuit in D.C. has temporarily blocked Trump's ban on transgender military service for a variety of reasons that will be difficult for Trump regime lawyers to argue.

In her ruling, Judge Colleen Kollar-Kotelly wrote that the plaintiff are likely to succeed because the Trump regime has presented virtually no evidence to justify the ban.

The judge agreed with the plaintiffs' assertion that the president's directives were "not genuinely based on legitimate concerns regarding military effectiveness or budget constraints, but are instead driven by a desire to express disapproval of transgender people generally."

She went on to say that the president's reasons for seeking to ban transgender personnel in July "do not appear to be supported by any facts" and had been rejected by the military.

Critically, the judge also wrote that the transgender service ban could also lead to heightened scrutiny and discrimination against cisgender service members who do not conform to typical gender stereotypes. In other words, the judge wrote that discrimination against transgender people is no different than discrimination against cis men and women who don't look or act like society's idea of typical men or women. The judge connected this basic gender discrimination to transgender discrimination.

In addition to actually coming up with some sort of evidence the justify the ban, government lawyers will also have to persuade the Court of Appeals that this is not gender discrimination.

  • muselet

    If anyone in the Justice Department—or anywhere in the administration—were bright enough to pour pee out of a boot, they’d have spent a little time and effort on this. Generate a laundry list of nondisprovable assertions about transgender people, if nothing else. They’d still have had to figure out a way around the service chiefs’ approval (however grudging) of the Obama administration’s proposal to let transgender people serve openly, but at least they’d have had something to argue in court.

    Brava, Judge Colleen Kollar-Kotelly, for seeing the truth through a thick cloud of hooey.

    –alopecia

    • Christopher Foxx

      If anyone in the Justice Department—or anywhere in the administration—were bright enough to pour pee out of a boot,

      It’s no intelligence they lack. It’s morals and common decency.

      The only possible silver lining I can see is that maybe some of the folks working on this DO have a sense of morality and perhaps intentionally made a weak case so as to sink it. But I suspect that’s just me not wanting to believe these people are as bad as they really are.

  • I’m so relieved to hear this.

  • Georgie

    Good. I’m sick of his shit.

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