5 Transgender Service Members Sue Trump Over Military Ban
Source: NYT
WASHINGTON Five transgender people serving in the United States military sued President Trump and top Pentagon officials on Wednesday, asking that transgender troops be allowed to stay in the military.
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The plaintiffs filed the lawsuit under pseudonyms Jane Doe Nos. 1-5 in the United States District Court for the District of Columbia. The case was organized by two rights groups, the National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders, or GLAD.
Other rights groups like Lambda, Outserve and the American Civil Liberties Union have also said they were preparing lawsuits but were holding off until the Trump administration takes a step to implement the ban, such as issuing formal guidance to the military or beginning the process of changing military rules.
But Shannon Minter, the legal director for the National Center for Lesbian Rights, said he believed the case was already ripe for a lawsuit because active transgender service members such as those deciding whether to re-enlist are already being harmed by the uncertainty created by Mr. Trumps statements on Twitter.
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Read more: https://www.nytimes.com/2017/08/09/us/politics/5-transgender-service-members-sue-trump-over-military-ban.html
Honeycombe8
(37,648 posts)off the cuff thoughts?
Staph
(6,253 posts)the day that Paul Manafort's home was searched. I'm not sure how serious Donny Boy intended this to be. It may have been more in the way of a distraction.
Honeycombe8
(37,648 posts)Igel
(35,356 posts)Which often is a proxy word used for fear.
By that token, I should fear each late May when my contract comes up for renewal. Will I be looking for work the following week or not? Starts to affect moral and attitudes in April when some are told that they should look elsewhere, some are given hints that maybe they should look elsewhere, but some find out when contracts are available for signing and, well, they don't have one.
Honeycombe8
(37,648 posts)Gothmog
(145,553 posts)This lawsuit is well drafted and will be fun to watch http://www.slate.com/blogs/outward/2017/08/09/nclr_and_glad_file_lawsuit_against_trump_s_transgender_troops_ban.html
In their lawsuit, the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD) allege the White House has turned Trumps tweets into official guidance to be communicated to the Department of Defense. They argue that this guidance infringes upon the equal protection and due process rights of trans troops. According to their complaint, the categorical exclusion of transgender people from military service based on their sex and transgender status lacks any rational basis and is therefore too arbitrary to comport with the Fifth Amendments equal protection component. Moreover, the policy would deprive transgender service members of their property and liberty interests based exclusively on their gender identity, a capricious deprivation of due process.
The complaint also asserts that the government cannot lawfully rescind rights already granted to trans troops. In June 2016, the Pentagon ended its ban on open trans service, a policy that many troops relied upon in coming out as transgender. The suit alleges that the military may not now reverse this policy and punish those troops who informed their commanding officers that they are transgender in reliance upon that promise from the Pentagon. It seeks an injunction prohibiting the categorical exclusion of transgender people from military service.
Trumps attempts to reinstate a ban have blindsided thousands of transgender service members who are now scrambling to determine what this means for their families and their futures, NCLR legal director Shannon Minter told me. We are appalled by the presidents callous mistreatment of transgender soldiers, and we want to send a message loud and clear that we will aggressively challenge any attempt to harm them.
The suits constitutional theories are especially compelling in light of the unprecedented nature of Trumps policy: Never before has the Pentagon invited a new group of individuals to serve, then broken its promise and purged them from the ranks based solely on political judgment. The due process concerns raised by such a move are heightened by troops reliance interest. It is one thing to prohibit transgender people from enrolling in the military in the first place. To invite enrolled trans troops to come out, then expel them for making that decision on the basis of mere animus would seem to push the limits of due process. As a general rule, the government may not extend a guarantee of liberty to individuals and then punish them for relying upon that guarantee. On the merits, the plaintiffs have a strong case.