Trump’s Transgender Ban Clearly Un-Constitutional

[C_Clayton_Jones]

‘It’s settled law that government actions discriminating on the basis of gender are subject to what constitutional doctrine calls “heightened scrutiny” and in particular that they can survive only if they are “substantially related to important government interests.” In other words, it’s not enough for the government to proffer some explanation that might conceivably explain the rationality of such a law. Instead, the government has to meet a more demanding standard.
[…]
But even if the courts are not ready to rule that discrimination against transgender individuals is subject to heightened scrutiny, it’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.

If a policy is based in animus, it is unconstitutional regardless of whether a similar policy or even the identical policy could have been enacted for permissible reasons. What makes such a policy invalid is its purpose rather than the specifics of how it is carried out.’

Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional

That Trump is a bigot is settled, accepted, and beyond dispute.

His hateful ban on transgender Americans serving in the military is further proof of Trump’s bigoty and the bigotry of most of his supporters.

This ban is devoid of merit, is completely unwarranted, and is clearly un-Constitutional – exhibiting Trump’s contempt for Americans’ rights and protected liberties.

 

[SassyIrishLass]

Yawn.....and that Gorsuch appointment is looking better and better everyday

Military transgender ban would be tough to overturn, experts say

“The government has very broad discretion in this area, and federal courts are extraordinarily deferential to governmental decision-making on military policy,” Fidell said. While he considers Trump’s policy “misguided,” he said it would be “hard litigation to try to overturn this.”

Military transgender ban would be tough to overturn, experts say

 

[miketx]

‘It’s settled law that government actions discriminating on the basis of gender are subject to what constitutional doctrine calls “heightened scrutiny” and in particular that they can survive only if they are “substantially related to important government interests.” In other words, it’s not enough for the government to proffer some explanation that might conceivably explain the rationality of such a law. Instead, the government has to meet a more demanding standard.
[…]
But even if the courts are not ready to rule that discrimination against transgender individuals is subject to heightened scrutiny, it’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.

If a policy is based in animus, it is unconstitutional regardless of whether a similar policy or even the identical policy could have been enacted for permissible reasons. What makes such a policy invalid is its purpose rather than the specifics of how it is carried out.’

Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional

That Trump is a bigot is settled, accepted, and beyond dispute.

His hateful ban on transgender Americans serving in the military is further proof of Trump’s bigoty and the bigotry of most of his supporters.

This ban is devoid of merit, is completely unwarranted, and is clearly un-Constitutional – exhibiting Trump’s contempt for Americans’ rights and protected liberties.

Banning the mentally impaired is his duty....nothing bigoted about it.

 

[CarlinAnnArbor]

You dont have Constitutional rights in the military.

 

[Conservative65]

‘It’s settled law that government actions discriminating on the basis of gender are subject to what constitutional doctrine calls “heightened scrutiny” and in particular that they can survive only if they are “substantially related to important government interests.” In other words, it’s not enough for the government to proffer some explanation that might conceivably explain the rationality of such a law. Instead, the government has to meet a more demanding standard.
[…]
But even if the courts are not ready to rule that discrimination against transgender individuals is subject to heightened scrutiny, it’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.

If a policy is based in animus, it is unconstitutional regardless of whether a similar policy or even the identical policy could have been enacted for permissible reasons. What makes such a policy invalid is its purpose rather than the specifics of how it is carried out.’

Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional

That Trump is a bigot is settled, accepted, and beyond dispute.

His hateful ban on transgender Americans serving in the military is further proof of Trump’s bigoty and the bigotry of most of his supporters.

This ban is devoid of merit, is completely unwarranted, and is clearly un-Constitutional – exhibiting Trump’s contempt for Americans’ rights and protected liberties.

You lefties constantly talk about how mentally ill people shouldn't have gun yet you want to put mentally ill people in the military and give them guns.

 

[JoeMoma]

Transgender is not a gender. It's the state of a person who is confused about its own gender.

 

[miketx]

Transgender is not a gender. It's the state of a person who is confused about its own gender.

Yeah, and the last people we need in the military are confused people who don't know if they are a boy or a girl.

 

[TroglocratsRdumb]

The Dumb Democrat Bigots refuse to respect other people's privacy rights.
Gay men violate the privacy rights of straight soldiers in the military.
Transgender men violate the privacy rights of female soldiers in the military.

 

[EvilCat Breath]

The ban was constitutional right up to the point where obama decided to destroy the military.

 

[ShootSpeeders]

HAHAHA. There is nothing in the constitution about trannies, you nitwit. And when judges say there is, they are rewriting the constitution and they can't do that. You want to change the constitution, then go thru the amending process. THINK, hater.

 

[Penelope]

HAHAHA. There is nothing in the constitution about trannies, you nitwit. And when judges say there is, they are rewriting the constitution and they can't do that. You want to change the constitution, then go thru the amending process. THINK, hater.

Is there anything about gays or women? How about Blacks serving in the military? At the writing of the constitution we did not have a Fed military.

 

[JoeMoma]

There was a time when a man who wanted to dress like women would be considered insane (Klinger on M.A.S.S.). Now it's considered sane (by the left) for a man to have his dick cut off because he thinks he is a woman.

 

[miketx]

HAHAHA. There is nothing in the constitution about trannies, you nitwit. And when judges say there is, they are rewriting the constitution and they can't do that. You want to change the constitution, then go thru the amending process. THINK, hater.

Is there anything about gays or women? How about Blacks serving in the military? At the writing of the constitution we did not have a Fed military.

We didn't have any people who didn't know what gender they were either.

 

[theHawk]

‘It’s settled law that government actions discriminating on the basis of gender are subject to what constitutional doctrine calls “heightened scrutiny” and in particular that they can survive only if they are “substantially related to important government interests.” In other words, it’s not enough for the government to proffer some explanation that might conceivably explain the rationality of such a law. Instead, the government has to meet a more demanding standard.
[…]
But even if the courts are not ready to rule that discrimination against transgender individuals is subject to heightened scrutiny, it’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.

If a policy is based in animus, it is unconstitutional regardless of whether a similar policy or even the identical policy could have been enacted for permissible reasons. What makes such a policy invalid is its purpose rather than the specifics of how it is carried out.’

Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional

That Trump is a bigot is settled, accepted, and beyond dispute.

His hateful ban on transgender Americans serving in the military is further proof of Trump’s bigoty and the bigotry of most of his supporters.

This ban is devoid of merit, is completely unwarranted, and is clearly un-Constitutional – exhibiting Trump’s contempt for Americans’ rights and protected liberties.

His ban doesn't prevent any abled body man or woman from joining the military. It simply prevents the military from having to cater to the demands of mental misfits that want to cross dress. If a man joins, he will be held to the standards of males, he cannot just pretend to be a female and demand that female standards apply to him.

In addition to that, cross dressers are mentally unstable, even more so than "normal" queers. They absolutely should not be trusted with the lives of others and/or classified information that many military are entrusted with.

Of course the anti-Americans know this, and that is why they push for these mentally unstable people to be put into such positions, so they can harm our military and country.

 

[ShootSpeeders]

HAHAHA. There is nothing in the constitution about trannies, you nitwit. And when judges say there is, they are rewriting the constitution and they can't do that. You want to change the constitution, then go thru the amending process. THINK, hater.

Is there anything about gays or women? How about Blacks serving in the military? At the writing of the constitution we did not have a Fed military.

HAHAHA. Don't give us that "living document" crap. Judges have no authority to rewrite the constitution. In fact the entire federal govt has no authority to rewrite the constitution. Only the states can do it and it takes 3/4 of them. THINK, america-hater.

 

[ShootSpeeders]

In addition to that, cross dressers are mentally unstable, even more so than "normal" queers. They absolutely should not be trusted with the lives of others and/or classified information that many military are entrusted with.
.

Yup. Trannies are as crazy as people who think they are actually a dog.

 

[HenryBHough]

There was a time when a man who wanted to dress like women would be considered insane (Klinger on M.A.S.S.). Now it's considered sane (by the left) for a man to have his dick cut off because he thinks he is a woman.

Not so much "sane" as "fashionable". Liberals are not known for other than shallow thinking.

 

[C_Clayton_Jones]

‘Aug. 9 (UPI) -- Five unnamed military service members are suing President Donald Trump over his directive posted on Twitter to prohibit transgender individuals from serving in the armed forces.

The National Center for Lesbian Rights and GLBTQ Legal Advocates & Defenders filed the lawsuit Wednesday on behalf of five transgender service members in the U.S. District Court for the District of Columbia. Defendants also include top military leaders.

In the suit, they claim that the president's three tweets on July 26 announcing plans to reverse the Department of Defense's policy on transgender service members violates the Equal Protection component of the Due Process Clauses of the Fifth Amendment.

"The categorical exclusion of transgender people from military service lacks a rational basis, is arbitrary, and cannot be justified by sufficient federal interests," the groups argued in their complaint.’

5 military members sue Trump over transgender directive

Correct.

The ban is motivated solely by an unwarranted animus toward those transgender.

 

[ShootSpeeders]

‘
In the suit, they claim that the president's three tweets on July 26 announcing plans to reverse the Department of Defense's policy on transgender service members violates the Equal Protection component of the Due Process Clauses of the Fifth Amendment.

"Equal protection" is mentioned in the 14A not the 5A.

 

[deanrd]

People who voted for Donald Trump calling others "mentally unbalanced".
Hilarious!