U.S. Court Rules for Trump on Transgender Military Limits

[Janes Groove]

U.S. Court Rules for Trump on Transgender Military Limits

https://www.yahoo.com/news/u-appeals-court-hands-win-trump-transgender-military-143127410.html

By Lawrence Hurley
,Reuters•January 4, 2019

Trump's war on us.

[itsApril]

This IS a defeat for us.  (Warning: the federal courts are turning increasingly hostile to us as Trump gives more and more lifetime judicial appointments to right-wing, anti-LGBT ideologues!)

However, this ONE ruling does NOT change the status of trans folks in the military - FOR NOW.

The federal judiciary is divided into a number of regional "circuits."  District courts in FOUR circuits have issued injunctions preventing the Trump administration from implementing its ban on trans folks serving in the military.  Each of these courts specified that its injunction should have NATIONWIDE effect.  This makes sense, because the presence and activity of the armed forces are not limited to a single region of the country, and it is important that the military has UNIFORM standards and policies wherever it is located - not policies that vary depending on the specific location of your service.

This particular case is focused on the injunction that was issued by the District Court in Washington DC.  The Court of Appeals for that circuit has now "vacated" the injunction of the District Court - meaning the injunction is dissolved.  You can read the Court's ruling HERE (five pages):

https://www.documentcloud.org/documents/5674598-Transban.html

However, the Court of Appeals in the DC Circuit DOESN'T HAVE POWER over the federal courts in OTHER circuits, so it can't dissolve those injunctions.  So the other three injunctions REMAIN in NATIONWIDE effect, blocking the Trump administration from implementing its trans ban - FOR NOW.

This isn't necessarily the end in the DC Circuit, either.  Although the Court of Appeals vacated the injunction there, it doesn't end the litigation.  The District Court judge who issued the injunction is free to go forward with a full trial on the merits of the case.

It's well worth reading the decision of the Court of Appeals linked above if you want to understand the danger it poses.  Simply put, it's a warning that lots of federal judges have NO EFFING IDEA what trans folks are like - and they aren't interested in learning.

Also, here's the basic plan Trump wants to implement in the military: You would ONLY be allowed to serve in the military - (1) as long as you don't suffer from gender dysphoria, AND (2) you agree to serve "in your biological sex," i.e., that you don't attempt to transition.

Anybody who reads the forums in Susan's Place has got to be aware that trans folks are NOT all alike.  There is no such thing as a "one-size-fits-all," "cookie-cutter" trans person.

Some folks suffer dysphoria.  Some folks don't.  Some folks transition.  Some folks don't.  (That's up to YOU!)

But dysphoria and transition are LINKED for a lot of trans folks.  Dysphoria is often the reason why trans people seek to transition.  Because transition often relieves or resolves feelings of dysphoria.

Under the Trump plan, if you agree to forego transition and serve "in your biological sex," then you are likely to experience dysphoria.  So you are subject to DISCHARGE - for your dysphoria.

On the other hand, if you attempt to address your dysphoria by transition (medical, surgical, social, etc.), that may relieve your dysphoria.  But in that case, you are subject to DISCHARGE - because you violated your agreement to serve "in your biological sex."

Trump plan: either way, YOU LOSE!

[ramilove]

There are literally thousands of medical conditions which would disqualify a person from military service. If you have any one of these conditions you can be barred from entry or discharged from military service. 

[Janes Groove]

There are literally thousands of medical conditions which would disqualify a person from military service. If you have any one of these conditions you can be barred from entry or discharged from military service.

That's pretty obvious.  So I'm not sure what that adds to the discussion.  Are you stating that you support discrimination against transgender individuals?

[Michelle_P]

Transgender people have served with honor, for decades.  We proudly and patriotically volunteered to serve in our nations armed forces, and we feel this assault doubly on our identity, on who we are.  Our brothers, our sisters, our family and allies have been targeted.  We know the price of freedom, and this test of our freedom and resolve cannot be allowed to pass.

I was a transgender person in the US Navy, not out, but a dedicated and patriotic person there to serve my country and defend the Constitution of the United States against all enemies, foreign AND domestic.

Being transgender but not out made life considerably harder.

Sharon Brown, a Navy veteran now working as director of human resources at the Los Angeles LGBT Center described this.  "You're less productive, you're always on guard," she explained. "It takes a lot of energy to hide who you are when that energy could be used for other things. When you can be open, you're much happier, you're much more engaged. The sun truly comes up when you're allowed to be who you are and it's shining all day long because you can actually serve as your authentic self and be proud of who you are."

I worked very hard, as many trans military members do, and like many other trans folks, was an overachiever.  I was in the Navy Nuclear Power Program, and I impressed the staff sufficiently that I was asked to stay on for two years as an instructor after I completed the Nuclear Power Schools.  Following that tour, I was assigned to a submarine, one of the most decorated boats in the fleet, and crewed by more overachievers.  And yes, as I found out years later, that included several other trans folks.  I racked up more awards.

I received the Navy Achievement Medal, several presidential citations and command citations.  I completed a Bachelor of Science degree in Physics.  My crew was awarded the Nave Expeditionary Medal for our mission performance, along with the Battle 'E' and Engineering 'E.  Besides my primary Engineering duties, I took on duties in the fire control racking party, damage control party, and was assistant ship's photographer, recording mission data and assembling media for reports to COMSUBPAC.  I was the Engineering Dept 3M Coordinator, overseeing all maintenance and care for the nuclear power plant, engines and support systems.

Trans folks tend to be driven overachievers.  (Just ask anyone who knows me...)  We work hard to try and be accepted, far harder than those born with their assigned sex and gender identity in line, because we really do have something we need to prove.

We trans folks are among the best and brightest in the service.  We fought for you.  We served at great risk to ourselves.  We were promised by our government that after our service, we would receive care and consideration for our service as veterans.

Medical decisions should be made by medical professionals based on current standards of care.  Politicians and theocrats have no place in the process of providing medically necessary care.