Judge Not Impressed By Trump’s New Transgender Service Ban

JM Ashby
Written by JM Ashby

The Trump regime released a new version of their transgender military service ban on Friday last week in an effort to have the current court challenge thrown out, but I think we know how this is going to end even if it is.

Responding to Trump's new policy in court yesterday, Judge Marsha J. Pechman of the U.S. District Court for the Western District of Washington tore into not just the policy but also courts who deferred to state-sanctioned discrimination in the past.

“We gave historical deference when we excluded blacks from the military," U.S. District Judge Marsha J. Pechman said at a hearing Tuesday. "We gave deference when we did not have mixed military units” and when the U.S. barred gays and lesbians from serving, she said. “And in retrospect all of that deference was in error.”

As of this moment, the injunction against Trump's ban remains in place. The court will decide next week if the injunction against the current ban will be lifted only to impose a new injunction on the new ban.

Around and around we go.

To be clear, Trump's new ban is a ban on individuals who suffer from gender dysphoria, which is a back-door way of banning transgender recruits. It's the same policy with different language.

I don't know what will happen next week, but I believe the policy will ultimately be struck down whether it's in this case or the next. It would be difficult for Trump regime lawyers to defend the policy in court even if they had evidence to support it, but they have no evidence. The new ban was written in secret on a cocktail napkin by Mike Pence and his fellow Jesus Freaks. Government lawyers have been unable to provide analysis from the Department of Defense that says a ban is necessary because no such analysis exists that we know of.

  • 1933john

    Seems Trump might be afraid
    of grabbing a pseudo- pussy
    while inspecting the Troops.

  • muselet

    Mike Pence wants to wish all those icky QUILTBAG people into the cornfield and, with Donald Trump’s blessing, is determined to try. However, since Pence lacks imagination, the newly-minted policy is—bar some changes in wording—the same as the policy that’s supposedly been superseded.

    Beyond the policy, though, there was this:

    The 67-year-old judge also asked the government to refile its briefings, saying the font was too small and didn’t adhere to the proper format.

    The government’s lawyers can’t even file paperwork properly, which is somehow fitting.

    Cue Righty bleating about activist judges!


    • Aynwrong

      Please tell me the government printed the briefings in comic sans.

      • muselet

        Oh, would that it were so.


  • Georgie

    So sick of Pence, the man ruined his own state with Religious Freedom Restoration Act (denial is what I think pence has) and now just wants to f*ckup the rest of the country too, ugh.