Federal Appeals Court Hands Trump a Big Win, Allow
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Posted On: 01/06/2019 11:02:52 PM
Federal Appeals Court Hands Trump a Big Win, Allows Transgender Military Ban To Stand
A federal appeals court upheld President Donald Trump’s military transgender ban on Friday, lifting an injunction that prevented the government from limiting transgender military service.
The court ruled that the partial ban, which was announced but not implemented by the Pentagon, should not have been challenged, USA Today reported.
“The District Court made an erroneous finding that the (administration’s policy) was the equivalent of a blanket ban on transgender service,” the appeals court wrote, according to The Washington Post.
“The government took substantial steps to cure the procedural deficiencies the court identified in the enjoined 2017 presidential memorandum,” the panel said, according to USA Today.
The Trump administration had decided to allow those with gender dysmorphia to serve, but only if they served under the gender assigned to them at birth and not the one that they self identify with.
The ruling said the partial ban “plausibly relies upon the ‘considered professional judgment’ of ‘appropriate military officials,’ and appears to permit some transgender individuals to serve in the military.”
The decision was made by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit and made up of judges appointed by Presidents Ronald Reagan, George W. Bush and Barack Obama.
American Military News reported that while the ruling is in favor of the Trump administration’s ban, there will not be an immediate impact on troops because there are three cases in other courts where the ban is being challenged.
President Donald Trump announced the proposed policy on Twitter in July 2017.
“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,” Trump tweeted.
After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow……
— Donald J. Trump (@realDonaldTrump) July 26, 2017
….Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming…..
— Donald J. Trump (@realDonaldTrump) July 26, 2017
The president went on to say, “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.”
A memorandum released in March 2018 expanded on the proposed policy and read, “Among other things, the policies set forth by the Secretary of Defense state that transgender persons with a history or diagnosis of gender dysphoria — individuals who the policies state may require substantial medical treatment, including medications and surgery — are disqualified from military service except under certain limited circumstances.”
The president’s announcement brought turmoil among LGBTQ activists, and the decision has been challenged multiple times since the initial announcement was made.
Shannon Minter, legal director at the National Center for Lesbian Rights, called the recent ruling “devastating.”
“Today’s ruling is a devastating slap in the face to transgender service members who have proved their fitness to serve and their dedication to this country,” Minter said, according to USA Today.
According to USA Today, dozens of transgender recruits have signed up to serve since Jan 1, 2018, when they became eligible and there are several thousand active-duty transgender troops.
https://www.westernjournal.com/court-allows-t...rn-journal
A federal appeals court upheld President Donald Trump’s military transgender ban on Friday, lifting an injunction that prevented the government from limiting transgender military service.
The court ruled that the partial ban, which was announced but not implemented by the Pentagon, should not have been challenged, USA Today reported.
“The District Court made an erroneous finding that the (administration’s policy) was the equivalent of a blanket ban on transgender service,” the appeals court wrote, according to The Washington Post.
“The government took substantial steps to cure the procedural deficiencies the court identified in the enjoined 2017 presidential memorandum,” the panel said, according to USA Today.
The Trump administration had decided to allow those with gender dysmorphia to serve, but only if they served under the gender assigned to them at birth and not the one that they self identify with.
The ruling said the partial ban “plausibly relies upon the ‘considered professional judgment’ of ‘appropriate military officials,’ and appears to permit some transgender individuals to serve in the military.”
The decision was made by a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit and made up of judges appointed by Presidents Ronald Reagan, George W. Bush and Barack Obama.
American Military News reported that while the ruling is in favor of the Trump administration’s ban, there will not be an immediate impact on troops because there are three cases in other courts where the ban is being challenged.
President Donald Trump announced the proposed policy on Twitter in July 2017.
“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,” Trump tweeted.
After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow……
— Donald J. Trump (@realDonaldTrump) July 26, 2017
….Transgender individuals to serve in any capacity in the U.S. Military. Our military must be focused on decisive and overwhelming…..
— Donald J. Trump (@realDonaldTrump) July 26, 2017
The president went on to say, “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.”
A memorandum released in March 2018 expanded on the proposed policy and read, “Among other things, the policies set forth by the Secretary of Defense state that transgender persons with a history or diagnosis of gender dysphoria — individuals who the policies state may require substantial medical treatment, including medications and surgery — are disqualified from military service except under certain limited circumstances.”
The president’s announcement brought turmoil among LGBTQ activists, and the decision has been challenged multiple times since the initial announcement was made.
Shannon Minter, legal director at the National Center for Lesbian Rights, called the recent ruling “devastating.”
“Today’s ruling is a devastating slap in the face to transgender service members who have proved their fitness to serve and their dedication to this country,” Minter said, according to USA Today.
According to USA Today, dozens of transgender recruits have signed up to serve since Jan 1, 2018, when they became eligible and there are several thousand active-duty transgender troops.
https://www.westernjournal.com/court-allows-t...rn-journal
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