Tuesday, October 09, 2018

Why Trump's attempted transgender military ban could wind up with SCOTUS fairly quickly


The Palm Center at the University of California at Santa Barbara (which I visited personally in February 2002) has issued a statement “Implications of Supreme Court Review of Transgender Military Policy”. Oct. 

Apparently the case is before the Ninth Circuit in San Francisco. If the Ninth Circuit denies the Trump administration’s motions it could wind up before the Supreme Court (with Kavanaugh and Goresuch) pretty quickly.

The Palm Center notes that there is a logical contradiction in the government’s contention that transgender people can serve as long as they remain in their original biological sex and don’t attempt change while in the service. 


However, there have been cases, such as Kristin Beck, where people did that and served even in Navy Seals as a male before transitioning after retirement and becoming compelling public figures in DOD policy debate.

In 1993, radio host Scott Peck interviewed a self-declared male-to-female trans person who was discharged from the Navy as an intelligence officer, but allowed to have almost the same position as a civilian employee after transition.

The arguments that transgenderism is heavily genetic are controversial (Forbes article from early this year). 
  
So far there is not much talk about undoing the “don’t ask don’t tell” repeal from 2011.  This was done by Congress and DOD, not the courts. Kavanugh doesn’t matter on that one.
There is also a troubling story from Stafford County, VA about a transgender student and an emergency drill, details on NBC Washington here. 

No comments: