President Trump reverting former-President Obama’s order to allow transgender people in the military started a fury of outrage on the Left. They were practically tripping over themselves to be more offended than the other.
Because of this emotional response to a common sense issue, bad news has come from that decision. According to The Hill, a federal court has blocked President Trump’s military policy on transgender people serving — at least until it works its way through the court system. The ruling stemmed from a ruling by a judge from the US District Court for the District of Columbia who made the decision Monday. The policy of allowing transgender people to serve in the military is still a relatively new issue, as it was only implemented following June of 2016.
The ruling states that the order cannot be enforced quite yet. It needs to make its way through the court system and be reviewed before it goes into effect.
But Judge Colleen Kollar-Kotelly also denied the plaintiff’s motion to block the ban on funding for gender reassignment surgery. Some would suggest it odd that Kollar-Kotelly would advocate for one, but not the other.
She included a 76-page memo along with her decision. Detailed in the memo, the judge writes that she believes that the plaintiffs will probably get what they want because of the argument that the “transgender ban” violates the Fifth Amendment right to due process.
“…the unusual circumstances surrounding the President’s announcement of them, the fact that the reasons given for them do not appear to be supported by any facts, and the recent rejection of those reasons by the military itself — strongly suggest that Plaintiffs’ Fifth Amendment claim is meritorious,” the judge wrote.
Some would say that there is a relevant fact-based argument to be made in this case. There are two reasons for this, and they go hand-in-hand.
First, it could be argued that being transgender, which is also recognized in the medical community as Gender Dysphoria, is a mental illness. Body dysphoria is considered a mental illness, so why would the illness of seeing something that isn’t accurate change when it applies to gender?
Applying that argument, transgender people would be disqualified from the military as people afflicted with mental illness are not eligible to serve. This is not exclusionary because the standards for being in the military are extremely strict. For example, a slightly lazy eye is considered a disqualification, and so, in many instances are flat feet and color-blindness.
Secondly, the suicide rate among people who suffer from Gender Dysphoria is astronomical. This is, in part, because they seemingly have a mental illness. They would not only put their lives in danger but put those who are serving along side them at risk if they are, in fact, mentally unstable.
A judge has blocked President Trump’s military transgender ban. Do you think it will get through court?
One thing that is leaving many scratching their heads is the claim made by officials at GLBTQ Legal Advocates & Defenders (GLAD) that despite the judge’s denial on transgender reassessment surgery, transgender people would not be denied any type of medical care.
It is unknown how long the rest of the process is going to take as the issue makes its way through the courts. The odds are, if the courts rule against President Trump’s on the “transgender ban,” he will re-address this hotly debated issue.