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Legal Insider: D.C. Federal Court Bars Transgender Military Service Member Ban

by RestonNow.com Sponsor November 6, 2017 at 1:30 pm 30 Comments

This is a sponsored column by attorneys John Berry and Kimberly Berry of Berry & Berry, PLLC, an employment and labor law firm located in Plaza America that specializes in federal employee, security clearance, retirement and private sector employee matters.

By John V. Berry

In a Memorandum Opinion dated October 30, 2017, the U.S. District Court for the District of Columbia barred the president from moving forward with his plan to ban transgender individuals from the military. The ban resulted from a July 26, 2017, statement from the president via Twitter informing the public of his intent to enact a ban. A Presidential Memorandum was formally issued on August 25, 2017. The court held that there was no support for the claim that the ongoing service of transgender people would affect the military at all.

Specifically, the court’s order bars enforcement of two important provisions in the Presidential Memorandum, which:

  • Prohibited the military from accepting additional transgender individuals into active service; and
  • Required the military to discharge current transgender service members by no later than March 23, 2018.

U.S. District Judge Colleen Kollar-Kotelly of the U.S. District Court of the District of Columbia issued the preliminary injunction, finding that a group of transgender service members would have a strong chance of prevailing in their lawsuit against the president in having the ban declared unconstitutional. The injunction will remain in place until the lawsuit is resolved or a judge or court of appeals removes it.

The Trump Administration would likely have to appeal all the way to the U.S. Supreme Court in order to attempt to enforce the new ban. Judge Kollar-Kotelly’s 76-page opinion can be found here.

If you need assistance with an employment law issue, please contact our office at 703-668-0070 or at www.berrylegal.com to schedule a consultation. Please also like and visit us on Facebook.

  • Why do you bother?

    Thank goodness that someone shut this vile, despicable order down.

    Humanity. We are all humanity.

    • Mike M

      I assume so. But we are not all soldiers, sailors, marines, or airmen. That I know.

      • Gender bender special units

        I think you re confusing the enemy. I say drop those undies, lift them skirts and run towards the ugly black flags. Them spunky sex starved UK teenagers will offer some stiff resistance but when they blow their load things will be just fine.

    • The Constitutionalist

      This is too deep a concept to sum up with a simple phrase. I also don’t think it’s a decision that should be made by people who didn’t serve at all. The President included.

      • Why do you bother?

        Trans people have been successfully serving in the military for a very long time (actually, since the beginning of the military). Even King Leer can’t come up with any reason stronger than money (not paying for reassignment surgery) for his ridiculous edict.

        • Mike M

          “Reassignment surgery.” Think about that.
          And I guess you are such a big spender it’s OK for everyone to foot the bill for this?

          • Why do you bother?

            According to the Department of Defense’s own data, 25 – 130 MIGHT request surgery. Here’s how that compares:

            https://uploads.disquscdn.com/images/c87b522699584ed48d811458235294779bfca8711f0be8802df6a976cc7e9413.png

            According to a Rand Corp. study, “Using private health insurance data on transition–related treatment costs, the study found that Military Health System costs would increase by between $2.4 million and $8.4 million per year if it were to extend this care to transgender personnel. ”

            ONE of the Gropenfuhrer’s taxpayer-paid trips to Mara Lago costs almost as much as ALL of the POSSIBLE gender reassignment surgeries. He has made NINE trips so far this year at a cost of $32.4 MILLION. FOUR TIMES THE COST, and the year isn’t over yet.

          • The Constitutionalist

            Ah the classic deflect the real issue onto the president’s trips to Mar-a-Lago.

            You can’t win on merit and you won’t bring up the $97 million plus your liberal Jesus spent while he was president.

          • Why do you bother?

            His basis for the ban is MONEY. He has wasted many times the amount of taxpayer dollars because he doesn’t like the “dump” he is privileged to occupy.
            .
            Let’s pretend you actually have a point. What $97 million?

          • The Constitutionalist

            It doesn’t matter what his basis for the ban is.

            $97 million is the total cost for vacations for Obama and his family during his term. This is actually fact checked knowledge, not a random number like the one you’re using that was actually calculated while Obama was in office and is just being spun to further your ignorant narrative.

          • Why do you bother?

            in EIGHT years. AND while NOT claiming that any group of people should be banned from the military because of their care costs.
            .
            My numbers are not random. I stated the sources in my post…one of which is the DEPARTMENT OF DEFENSE.

            The venality of 45 is mindblowing.

          • Mike M

            Your source was RAND, I thought. By the way, even the military kow-towed to 44.

          • Why do you bother?

            Lower right corner of the graphic, Mike.

          • Mike M

            It’s not fallacy to say it is not the place of the Department of Defense to provide transgender surgery for the interested population.

          • The Constitutionalist

            “The figure, $3.6 million to be exact, comes from an October 2016 Government Accountability Office (GAO) report about Obama’s February 2013 golf weekend to Palm Beach.”

            http://www.chicagotribune.com/news/nationworld/politics/factcheck/ct-trump-mar-a-lago-obama-travels-20170419-story.html

            Next BS post to un-BS, please.

        • The Constitutionalist

          I can come up with quite a few reasons, then again, I’ve spent a considerable amount of time on the two way rifle range.

          Men and women are held to different standards in the military. Why should a biological male be held to the military standards of a biological female?

          Why should a rockstar biological male infantry squad leader have to compete with another biological male who identifies as a female and be beaten out for promotion, assignments, or station because a biological male performs better on a female physical fitness test than a biological female does?

          Why should the unit leaders have to add another social issue to the long list of things they need to be concerned about?

          Why should the taxpayer fund the gender reassignment surgery of someone who ‘feels’ like the opposite sex?

          You see, it isn’t as simple as we are all humanity. Our military has one overarching purpose that you liberals don’t grasp. They have to maintain lethality above all else, and if that means someone’s feelings get hurt or the mentally disabled get left out, such is the cost of our security and such is necessary to prevent the unnecessary loss of life.

          You can sit in your arm chair and whine and cry that Bobby wants to be Bobbi and now he isn’t wanted in the military. Well guess what? The military isn’t about you. It’s unit before self, country before self. Get a grip on reality.

          I don’t know what you don’t bother to think.

      • TheKingJAK

        The Commander in Chief absolutely has the right to make such decisions.

        • The Constitutionalist

          I didn’t say that it wasn’t. It is however a decision best left to the commanders experienced in making such decisions.

          • tattler

            I think that’s exactly what you said.

          • The Constitutionalist

            You’re right. Should and absolute has both mean exactly the same thing.

    • TheKingJAK

      How a Tranny passed a psych evaluation in the first place is the biggest question of all. The Military refuses people entry for much less, so yes, it’s a serious concern. If you can’t even decide what sex you are, then you’re stating that your mind is in the wrong body, and for a vast majority of conditions we’d actually refer to this for what it is: Delusional.

      • Why do you bother?

        OFFS! There is nothing psychologically wrong with a transgender person! Trans people KNOW what sex they are. Try a basic biochemistry of fetal development article and get a FACT.

  • Why do you bother?

    ” PS: I think $1 extra is too much. ”

    That’s because you’re a bigot, Mike.

    • Mike M

      I’m a bigot because I think the military should not become the source of gender “reassignment?” Brilliant.

    • The Constitutionalist

      LOL! There it is, folks.

  • Mike M

    Oh dear! Have you nothing else. Can’t you deal in the realm of the original debate? I guess not. So, off through the old race escape hatch! “You’re a racist! I win!” Unbelievable.

  • The Constitutionalist

    No, it really isn’t even close to being the same. There isn’t a biological difference between a black man and a white man. You consistently trying to make everything into a social issue is the only thing bigoted about my post.

    It’s literally all you do, in every post, when you can’t refute any argument you just say, “you’re the same as a racist.”

    The only disconnect here is the one between your two ears.

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