Monday, April 16, 2018

Judge refused to lift temporary stay of Trump's transgender ban

U. S. District Judge Marsha Pechman of the Western District of Washington barred the federal government from implementing President Trump's ban on transgender members of the military.   She ruled instead that, because of the history of discrimination against transgender individuals, they are a protected class and therefore the decision will require a higher level of court review.

As a result of this ruling, the injunction against the ban issued by the court in December will remain in place.    She further wrote in her decision that there is a "long and well-recognized" history of discrimination and systemic oppression against transgender people "unrelated to their ability to perform and contribute to society."

"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," Judge Pechman wrote.

The judge wasn't through with Mr. Trump.   She also wrote that the government had "failed to identify even one General or military expert he consulted, despite having been ordered to do so repeatedly."   Noting that Defense Secretary Jim Mattis was informed of the Trump ban only one day beforehand, she said she "is led to conclude that the Ban was devised by the President, and the President alone."

Way to go, Your Honor. 

Ralph

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