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U.S. judge bars Trump policy restricting transgender troops


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U.S. judge bars Trump policy restricting transgender troops

By Andrew Chung

 

2018-08-06T222955Z_1_LYNXMPEE751IY_RTROPTP_4_IRAN-NUCLEAR-SANCTIONS.JPG

FILE PHOTO: U.S. President Donald Trump speaks to reporters after signing a proclamation declaring his intention to withdraw from the JCPOA Iran nuclear agreement in the Diplomatic Room at the White House in Washington, U.S. May 8, 2018. REUTERS/Jonathan Ernst/File Photo

 

NEW YORK (Reuters) - A U.S. court on Monday ruled the Trump administration could not enforce an updated policy barring certain transgender people from serving in the U.S. military, becoming the second court in the country to rule against the government since it unveiled the policy in March.

 

Trump announced on March 23 that he would endorse a plan by Defense Secretary Jim Mattis to restrict the military service of transgender people who experience a condition called gender dysphoria. The policy replaced an outright ban on transgender service members that Trump announced last year on Twitter, citing concern over military focus and medical costs.

 

U.S. District Judge Colleen Kollar-Kotelly in Washington denied a request by the administration to lift an injunction she had issued against Trump's original ban.

 

Her ruling follows one by a federal judge in Seattle who in April also refused to allow the new policy to go into effect. The government has appealed that ruling to the San Francisco-based 9th U.S. Circuit Court of Appeals.

 

The administration argued that the new policy, which also bars anyone who requires or has undergone gender transition, was no longer a categorical ban.

 

Kollar-Kotelly disagreed. The new policy effectively implements the original ban "by targeting proxies of transgender status, such as 'gender dysphoria' and 'gender transition,' and by requiring all service members to serve 'in their biological sex,'" she wrote in Monday's ruling.

 

The U.S. Department of Justice could not immediately be reached for comment.

 

The American Psychiatric Association defines gender dysphoria as a "clinically significant distress" due to a conflict between a person's gender identity and their sex assigned at birth. Not all transgender people suffer from gender dysphoria, according to the association, which opposes the military ban.

 

Monday's ruling came in a lawsuit filed last August by several aspiring service troops and current members of the U.S. Army, Air Force and Coast Guard. Last October, Kollar-Kotelly ruled that the original ban likely violated the U.S. Constitution's guarantee of equal protection under the law.

 

Three more judges also blocked the ban, forcing the military to permit openly transgender individuals to join the ranks.

 

Trump's ban reversed Democratic former President Barack Obama's policy of allowing transgender troops to serve openly and receive medical care to transition genders.

 

The new Trump policy exempts those diagnosed with gender dysphoria during the Obama policy, allowing them to remain in the military and serve according to their gender identity.

 

(Reporting by Andrew Chung; editing by Jonathan Oatis)

 
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-- © Copyright Reuters 2018-08-07

 

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15 minutes ago, DoctorG said:

Ambivalent about the core issue but do not see why the government should have to pay for the transformation.

I think where Trump gets into trouble is by eliminating an entire class of people, rather setting up specific criteria about who can join and under what conditions.    They may very well be able to not permit people who are in the process of transitioning, on medical grounds, but it is problematic when you just refuse an entire group.   

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48 minutes ago, attrayant said:

 

I didn't see anything about that in the OP.

Trump's ban reversed Democratic former President Barack Obama's policy of allowing transgender troops to serve openly and receive medical care to transition genders.

 

The transition cost has also been mentioned in other articles on this subject.

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If it's an actual recognized debilitating condition, as the APA says it is, then I don't see why it shouldn't be covered.  I'm certainly not going to second-guess the APA or those who are actually affected by gender dysphoria.

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10 minutes ago, DM07 said:

Look up the things that are paid for "normal" troops and how much that costs and then come back to the discussion!

Yes...I am referring to the cost of viagra...among others!

Apart from heart/circulatory conditions I do not think viagra should be paid for either.

I did as you suggested and looked at the $ amounts and they are indeed alarming, but one also needs to dig deep into the Forbes report to find -

"While some studies have shown that the incidence of erectile dysfunction has increased among service members in the past several years, less than 10 percent of the prescriptions were for active-duty troops."

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2 minutes ago, DoctorG said:

Apart from heart/circulatory conditions I do not think viagra should be paid for either.

I did as you suggested and looked at the $ amounts and they are indeed alarming, but one also needs to dig deep into the Forbes report to find -

"While some studies have shown that the incidence of erectile dysfunction has increased among service members in the past several years, less than 10 percent of the prescriptions were for active-duty troops."

...and that makes it more justifiable...how?

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1 hour ago, attrayant said:

If it's an actual recognized debilitating condition, as the APA says it is, then I don't see why it shouldn't be covered.  I'm certainly not going to second-guess the APA or those who are actually affected by gender dysphoria.

Or.... if it is an actual recognized debilitating condition by head shrinkers... then maybe that debilitating condition should be dealt with before a person with such a condition is considered for military service.

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Maybe so, there are many concessions including depressions that are dealt with by Military medicine.

It is a ridiculous discriminatory policy that should be binned. All induction and training  standards should be based on set metrics of performance and not discriminatory policies.You have to understand Trump does not care about any of this but a large group of the republican base are Evangelical Christians who are motivated by homophobia and transphobia. (Many turn out to be closet cases?).

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8 hours ago, Credo said:

I think where Trump gets into trouble is by eliminating an entire class of people, rather setting up specific criteria about who can join and under what conditions.    They may very well be able to not permit people who are in the process of transitioning, on medical grounds, but it is problematic when you just refuse an entire group.   

When you eliminate a group like this you strengthen Trumps brain dead support group.

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Anyone prepared to serve their country in the military deserves any treatment they wish. 
 
Now why didn’t trump serve again?

Trump has a serious problem “with the heels” and got a nice letter from his doctor. Good for him bone spurs don’t seem to hurt the Golf.


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