Donald Trump waged war on transgender people this past summer, enraging millions of people who believe in true equality, and not just equality of rich, white, heterosexual males. Trump tweeted back in July that he was enforcing a ban on all transgenders currently enlisted and those trying to sign up.
It was believed that, after seeing the backlash, Trump would come to his senses and realize it could never happen, but that day has sadly never come. Trump even continued his pursuit to discriminate against an entire group of people when he released an “official guidance” to the Pentagon to prepare them to begin enforcement or the rule in March on 2018.
Now, Trump has received a major setback in his plan to alienate his fellow Americans. According to POLITICO:
“The U.S. District Court for the District of Columbia issued a preliminary injunction against the ban, saying the military cannot remove transgender service members from the ranks and that it must continue to provide medical care for them. The recruitment of transgender troops will still be delayed until Jan. 1, under a delay previously ordered by Defense Secretary Jim Mattis.”
A lawsuit filed by GLAAD and the National Center for Lesbian Rights is the reason for the decision. The document states that:
“The Court holds that Plaintiffs are likely to succeed on their Fifth Amendment claim. As a form of government action that classifies people based on their gender identity, and disfavors a class of historically persecuted and politically powerless individuals, the President’s directives are subject to a fairly searching form of scrutiny. Plaintiffs claim that the President’s directives cannot survive such scrutiny because they are not genuinely based on legitimate concerns regarding military effectiveness or budget constraints, but are instead driven by a desire to express disapproval of transgender people generally. The Court finds that a number of factors— including the sheer breadth of the exclusion ordered by the directives, 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 document continues:
“On August 29, 2017, Secretary Mattis issued a statement concerning the Presidential Memorandum. Lamb Decl., Ex. D. He wrote that “[t]he [Department of Defense] will carry out the president’s policy direction, in consultation with the Department of Homeland Security,” and that “[a]s directed,” the Department of Defense will “develop a study and implementation plan, which will contain the steps that will promote military readiness, lethality, and unit cohesion, with due regard to budgetary constraints and consistent with applicable law.” Id. The plan, Secretary Mattis wrote, “will address accessions of transgender individuals and transgender”
Section “B” states:
“Plaintiff Jane Doe 1 has served in the Coast Guard since 2003. Looney Decl., Ex. A (“Redacted Jane Doe 1 Decl.”), ¶ 1. Jane Doe 1 is transgender. The Coast Guard has made a substantial investment in educating and training Jane Doe 1, and she has done her “best to be hardworking, faithful, and loyal to the Coast Guard.” Id. ¶ 11. She is married and is the primary wage earner for her family. She and her spouse receive health insurance coverage, called TRICARE, based on her enlisted status. Id. ¶ 12. When she came to the realization of her transgender identity, Jane Doe 1, with her spouse’s support, sought professional help. Id. ¶ 14. She paid for this help herself, fearing that she may be separated from the Coast Guard if she went through military health channels. Id. She was diagnosed with gender dysphoria and has received medical treatment for this condition. Id. ¶ 15. However, because TRICARE does not provide comprehensive gender transition healthcare, following the issuance of the June 2016 DTM, she was required to obtain waivers from the Defense Health Agency to obtain treatment. Because this process often led to delays, Jane Doe 1 has continued to pay for her care herself, including surgical care.”