Windy City Media Group Frontpage News
Celebrating 30 Years of Gay Lesbian Bisexual and Trans News
home search facebook twitter join
Gay News Sponsor Windy City Times 2020-07-08
DOWNLOAD ISSUE
About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage

Sponsor
Sponsor

  WINDY CITY TIMES

Trump asks Supreme Court to rule on trans military ban
2018-11-23

facebook twitter google +1 reddit email


The Trump administration has asked the U.S. Supreme Court Nov. 23 to quickly hear a challenge to President Donald Trump's policy that bans most transgender individuals from military service.

So far, district courts across the country have blocked the policy from going into effect. The 9th Circuit Court of Appeals heard arguments in one challenge earlier this fall; the D.C. Circuit will hear arguments in early December, CNN.com reported.

The U.S. Supreme Court rarely gets quickly involved in cases, usually waiting until both lower courts from various areas of the country have ruled on them.

House Democratic Leader Nancy Pelosi vowed to "fight this discriminatory action."

"The great majority of people in this country recognize that transgender people who can meet the same standards as others should have an equal opportunity to serve," said National Center for Lesbian Rights (NCLR) Legal Director Shannon Minter in a joint statement from NCLR, GLBTQ Legal Advocates & Defenders (GLAD) and Equality California. "Allowing President Trump's ban to be implemented would upend thousands of lives and weaken our Armed Forces."

"The Trump administration is trying to frame the successful policy of including transgender troops not just as a failure, but a failure that is so severe that the Supreme Court must weigh in on an emergency basis. Its assertion makes a mockery of the evidence. Transgender service members have compiled a two-year record of achievement serving America on the front lines. They are proving every day what military leaders and medical professionals told us: that inclusive service strengthens the U.S. military and makes our country safer," said Aaron Belkin, director of the Palm Center, in a separate statement.

Lambda Legal Counsel Peter Renn added in yet another press release, "This highly unusual step is wildly premature and inappropriate, both because there is no final judgment in the case, and because even the preliminary issue on appeal has not yet been decided. It seems the Trump administration can't wait to discriminate."

The CNN.com item is at www.cnn.com/2018/11/23/politics/military-transgender-ban-supreme-court/index.html .

Below from Equality California, GLBTQ Legal Advocates & Defenders and National Center for Lesbian Rights

WASHINGTON — The Trump Administration filed petitions for cert before judgment today in three cases challenging Trump's transgender military ban: Doe v. Trump, Stockman v. Trump, and Karnoski v. Trump. The National Center for Lesbian Rights ( NCLR ) and GLBTQ Legal Advocates & Defenders ( GLAD ), who represent plaintiffs in both Doe and Stockman and were the first to challenge the ban, characterized the filing as an unusual attempt by the administration to bypass the standard appeals process.

There are four lawsuits in total challenging the transgender military ban, and all four federal courts to hear these cases have issued preliminary injunctions halting the ban from moving forward while the case is being heard in court. In issuing the preliminary injunctions, the courts each determined that the plaintiffs challenging the ban—who include current servicemembers, ROTC and military academy students and enlistees—would ultimately prevail. If the Supreme Court were to grant the administration's request, it would consider this term whether to lift the injunction while the cases proceed in the lower courts. Excluding transgender people who meet military standards undermines readiness and would dramatically upend the lives and families of thousands of trans servicemembers and enlistees, and disrupt the military as a whole.

"There is no urgency here and no reason for the Court to weigh in at this juncture," said Jennifer Levi, GLAD Transgender Rights Project Director. "The injunctions preserve the status quo of the open service policy that was thoroughly vetted by the military itself and has been in place now for more than two years. This is simply one more attempt by a reckless Trump administration to push through a discriminatory policy. The policy flies in the face of military research and dozens of top military experts."

"The great majority of people in this country recognize that transgender people who can meet the same standards as others should have an equal opportunity to serve," said Shannon Minter, NCLR Legal Director. Allowing President Trump's ban to be implemented would upend thousands of lives and weaken our Armed Forces."

"As Americans come together and give thanks for the sacrifices made by our brave servicemembers and their families, the Trump-Pence Administration is focused on undermining our military by tripling down on this discriminatory ban," said Rick Zbur, Executive Director of Equality California which brought the Stockman case on behalf its members. "There are thousands of transgender service members bravely serving the nation with distinction. The Administration ought to be thanking them for their service—not trying to score political points by purging them from our military."

Oral argument in Doe v. Trump is currently scheduled to be held on December 10 in the D.C. Circuit Court of Appeals.

For more information, go to NCLR and GLAD's website outlining the history and status of the Trump-Pence transgender military ban https://notransmilitaryban.org/.

BACKGROUND

June 30, 2016: The United States Department of Defense ( DOD ) adopted a policy permitting transgender people to serve in the military based on a nearly two year DOD review determining that there was no valid reason to exclude qualified personnel from military service simply because they are transgender.

July 26, 2017: President Trump tweeted that "the United States Government will not accept or allow transgender individuals to serve in any capacity in the U.S. Military."

August 9, 2017: NCLR and GLAD filed Doe v. Trump, the first lawsuit filed to stop the ban, challenging its constitutionality and requesting that the court issue a nationwide preliminary injunction to stop it from taking effect while the case is being heard in court.

August 25, 2017: President Trump issued a memorandum ordering Secretary of Defense James Mattis to submit "a plan for implementing" the ban by February 21, 2018. Secretary Mattis delivered this ( the "Mattis Plan" and panel report ) to President Trump on February 22, 2018.

October 30, 2017: The United States District Court for the District of Columbia ruled that Doe v. Trump plaintiffs had established a likelihood of success on their claim that President Trump's ban violates equal protection, that plaintiffs would be irreparably harmed without a preliminary injunction to stop the ban, and that the public interest and balance of hardships weighed in favor of granting injunctive relief and temporarily halting the ban while the case is heard by the court.

March 23, 2018: President Trump accepts the "Mattis Plan" and issues a memorandum in which he "revoked" his August 25 Memorandum.

April 20, 2018: Defendants file a motion to dissolve the October 30 nationwide preliminary injunction enjoining the transgender military ban issued by the U.S. District Court for the District of Columbia; a motion to dismiss Plaintiffs' Second Amended Complaint; and a Motion for Summary Judgment.

May 11, 2018: Plaintiffs file their cross-motion for summary judgment, as well as motions in opposition to Defendant's motions to dissolve the injunction and dismiss Plaintiffs' complaint.

August 6, 2018: Judge Colleen Kollar-Kotelly denies Defendants' Motion to Dismiss and Motion to Dissolve the Preliminary Injunction.

August 27, 2018: Defendants filed a notice of appeal to the D.C. Circuit Court of Appeals of Judge Kollar-Kotelly's denial of their motion to dissolve the preliminary injunction preventing enforcement of the transgender military ban.

September 21, 2018: The Defendants-Appellants filed their opening brief in the D.C. Circuit Court of Appeals.

October 22, 2018: Plaintiffs-Appellees filed their opposition to Defendants' appeal, asking the D.C. Circuit Court of Appeals to leave in place the preliminary injunction blocking enforcement of the transgender military ban.

October 29, 2018: A wide array of former military leaders, veterans' and civil rights organizations, women's groups, military scholars and historians, and states went on record opposing President Trump's ongoing efforts to exclude transgender people from military service, in thirteen friend-of-the-court briefs filed in the United States Court of Appeals for the District of Columbia.

NCLR and GLAD have been at the center of the legal fight challenging the Trump-Pence transgender military ban since filing Doe v. Trump, the first of four cases filed against the ban, on August 9, 2017.

—From a press release

Equality California is the nation's largest statewide LGBTQ civil rights organization. We bring the voices of LGBTQ people and allies to institutions of power in California and across the United States, striving to create a world that is healthy, just, and fully equal for all LGBTQ people. We advance civil rights and social justice by inspiring, advocating and mobilizing through an inclusive movement that works tirelessly on behalf of those we serve. www.eqca.org .

Through strategic litigation, public policy advocacy, and education, GLBTQ Legal Advocates & Defenders works in New England and nationally to create a just society free of discrimination based on gender identity and expression, HIV status, and sexual orientation. www.GLAD.org .

The National Center for Lesbian Rights is a national legal organization committed to advancing the human and civil rights of the lesbian, gay, bisexual, and transgender community through litigation, public policy advocacy, and public education. www.NCLRights.org .


facebook twitter google +1 reddit email





Windy City Media Group does not approve or necessarily agree with the views posted below.
Please do not post letters to the editor here. Please also be civil in your dialogue.
If you need to be mean, just know that the longer you stay on this page, the more you help us.


  ARTICLES YOU MIGHT LIKE

Gay News

NUNN ON ONE PHOTOGRAPHY Peter Bussian focuses on New York's trans community 2020-07-08 - Peter Bussian is a visual artist who continually promotes international themes in his work. He's been published in The New York Times, LA ...


Gay News

NATIONAL Brayla Stone, anti-LGBTQ attacks, Virginia Values Act, Fire Island 2020-07-07 - Brayla Stone, a 17-year-old Black trans girl, was murdered in Sherwood, Arkansas, near Little Rock on June 25, a National Black Justice Coalition ...


Gay News

WORLD Russian trans woman's win, Pride marches, museum CEO resigns 2020-06-29 - In Russia, a transgender woman won a landmark decision for trans rights and recognition after being fired from her job—but is now living ...


Gay News

Grassroots march focuses on Black, Brown trans lives 2020-06-28 - Organized by a host of grassroots organizations focused on assisting marginalized communities around the city, the Pride Without Prejudice/Reclaim Pride march kicked off ...


Gay News

Lambda files suit over Trump anti-trans policies 2020-06-26 - Lambda Legal announced June 22 that it is suing the federal government over rollbacks the Trump administration announced June 12 to protections against ...


Gay News

Groups respond to Indianapolis archdiocese's anti-trans guidelines 2020-06-25 - Pro-LGBTQ organizations responded to news about the Indianapolis archdiocese issuing new guidelines warning that transgender students may not be able to enroll in ...


Gay News

At least two marches centering on Black trans Chicagoans planned for June 28 SEE UPDATE 2020-06-24 - UPDATE: ACTIVATE:CHI march and rally cancelled. http://www.windycitymediagroup.com/lgbt/ACTIVATE-CHI-march-and-rally-cancelled/68818.html . The grassroots activist organization ACTIVATE:CHI announced June 19 that it is collaborating with ...


Gay News

Local transgender man on being affected by healthcare rollback 2020-06-24 - Oli Rodriguez is a transgender man who hopes to carry a child and become a father in the near future. Following news ...


Gay News

Organizations respond to murder of trans Chicagoan 2020-06-24 - A number of organizations released statements on the May murder of a Chicago Latinx transgender woman who, at the time of her death, ...


Gay News

TELEVISION Marvel's first openly trans actor on Pride, BLM and Hollywood 2020-06-24 - Zach Barack made cinematic history as Marvel's first openly trans actor in the 2019 film Spider-Man: Far from Home. He talked with Windy ...


 



Copyright © 2020 Windy City Media Group. All rights reserved.
Reprint by permission only. PDFs for back issues are downloadable from
our online archives. Single copies of back issues in print form are
available for $4 per issue, older than one month for $6 if available,
by check to the mailing address listed below.

Return postage must accompany all manuscripts, drawings, and
photographs submitted if they are to be returned, and no
responsibility may be assumed for unsolicited materials.
All rights to letters, art and photos sent to Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago
Gay and Lesbian News and Feature Publication) will be treated
as unconditionally assigned for publication purposes and as such,
subject to editing and comment. The opinions expressed by the
columnists, cartoonists, letter writers, and commentators are
their own and do not necessarily reflect the position of Nightspots
(Chicago GLBT Nightlife News) and Windy City Times (a Chicago Gay,
Lesbian, Bisexual and Transegender News and Feature Publication).

The appearance of a name, image or photo of a person or group in
Nightspots (Chicago GLBT Nightlife News) and Windy City Times
(a Chicago Gay, Lesbian, Bisexual and Transgender News and Feature
Publication) does not indicate the sexual orientation of such
individuals or groups. While we encourage readers to support the
advertisers who make this newspaper possible, Nightspots (Chicago
GLBT Nightlife News) and Windy City Times (a Chicago Gay, Lesbian
News and Feature Publication) cannot accept responsibility for
any advertising claims or promotions.

 

 

 

TRENDINGBREAKINGPHOTOS

Sponsor
Sponsor


 



About WCMG Publications News  Entertainment Features Donate Bars & Clubs Calendar Advertisers OUT! Guide    Marriage


About WCMG      Contact Us      Online Front  Page      Windy City  Times      Nightspots      OUT! Guide     
Identity      BLACKlines      En La Vida      Archives      Subscriptions      Distribution      Windy City Queercast     
Queercast Archives      Advertising  Rates      Deadlines      Advanced Search     
Press  Releases      Event Photos      Join WCMG  Email List      Email Blast     
Upcoming Events      Todays Events      Ongoing Events      Post an Event      Bar Guide      Community Groups      In Memoriam      Outguide Categories      Outguide Advertisers      Search Outguide      Travel      Dining Out      Blogs      Spotlight  Video     
Classifieds      Real Estate      Place a  Classified     

Windy City Media Group publishes Windy City Times,
The Bi-Weekly Voice of the Gay, Lesbian, Bisexual and Trans Community.
5315 N. Clark St. #192, Chicago, IL 60640-2113 • PH (773) 871-7610 • FAX (773) 871-7609.