Judge: Transgender People A Protected Class, And The Military Can't Enact Trump Ban

[DonViejo]

Source: HuffPost



04/13/2018 10:21 pm ET

“Transgender people have long been forced to live in silence, or to come out and face the threat of overwhelming discrimination,” the judge wrote.

By Ryan J. Reilly

WASHINGTON ― A federal judge late Friday barred the federal government from implementing President Donald Trump’s ban on transgender members of the military, finding that the ban had to be subject to a careful court review before implementation because of the history of discrimination against transgender individuals.

U.S. District Judge Marsha Pechman of the Western District of Washington ruled that transgender people were a protected class and that the injunctions against the implementation of the ban that had been issued in December should remain in place. She wrote that there was a “long and well-recognized” history of discrimination and systemic oppression against transgender people, that discrimination against transgender people was clearly “unrelated to their ability to perform and contribute to society,” that transgender people have immutable characteristics and that they lacked relative political power.

“Transgender people have long been forced to live in silence, or to come out and face the threat of overwhelming discrimination,” Pechman wrote.

“The Court also rules that, because transgender people have long been subjected to systemic oppression and forced to live in silence, they are a protected class. Therefore, any attempt to exclude them from military service will be looked at with the highest level of care, and will be subject to the Court’s ‘strict scrutiny.’ This means that before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests,” Pechman wrote.

Read more: https://www.huffingtonpost.com/entry/transgender-ban-trump-military_us_5ad1572ee4b0edca2cb9eea1

[riversedge]

1. Good news for #LGTB The courts are their only hope in the Trump era of bigotry.

[Mrs. Overall]

2. +1

[lordsummerisle]

3. I've been

more appreciative of the judiciary during the Trump years than ever...

[TranssexualKaren]

5. I agree

I hadn’t realized how advanced we were as a country that we had a judiciary that can stand up to a fascist.

[sandensea]

8. Which is why Cheeto and Bitchy Mitchy are working overtime to cram knuckle-draggers into the courts

They want nothing but Scalias and Torquemadas - except when their derrières are dragged to court.

[Gothmog]

4. Trump loses another court case

[50 Shades Of Blue]

6. K & R

[yallerdawg]

7. Another example of how Republican impulses just aren't humanly right and just.

Over and over, the courts are saving us from the "conservative" darkness.

So far.

[BobTheSubgenius]

9. Unlike many people,

I enjoy most of the tweet storms. The more unhinged HeWho becomes, the sooner the WH will be purged.

[sarge43]

10. Hand salute, Your Honor. Well done.

[procon]

11. Since the court has ruled that transgender people are "a protected class",

can this apply to other areas, besides just the military, where they are being discriminated against and treated as 2nd class citizens?

[TomSlick]

13. IF other courts accept the analysis that transgender people are a protected class,

the rule would apply to all areas. Try not to get too excited about one judge's ruling. If the ruling stands up on appeal, then there will be one federal circuit in which this would be the law. I am concerned that the current SCOTUS - and especially if Trump gets another appointment - would agree to transgender people being a suspect class.

The judge in this case is correct. All the earmarks of a suspect class are present. I am simply not confident SCOTUS would follow the analysis because it would not like the result. My bet would be that SCOTUS would conclude that being transgender is not an "immutable" trait but a choice - the science notwithstanding.

[procon]

14. Thanks for your explanation.

I also thought about the predisposition of the current SCOTUS. They seem to rule against individuals seeking redress and equality, but at least this case is a start in the right direction.

[TomSlick]

15. The decision is important.

We need a decision like this to have the Circuit Court of Appeals decide the question. Only after a few of the Circuit Court decide the issue - especially if there is a split between the Circuits - will SCOTUS likely decide the issue.

[Cha]

12. Thank Goodness!