Judge: Transgenders have legal right to military service

Tuesday, October 31, 2017
 | 
Chad Groening (OneNewsNow.com)

Trump tweet on transgendersA federal judge overstepped her authority by reversing President Donald Trump's policy for transgenders in the U.S. armed forces, says a military watchdog.

U.S. District Judge Colleen Kollar-Kotelly issued a preliminary injunction Oct. 30 that reversed Trump's surpriseannouncement that reversed the Obama-era policy announced in 2016.

The injunction stops Trump's order from taking effect while a group of transgenders are suing.

"It appears that this judge wants to be known, or thought of, as a supreme judicial commander of the military," says Elaine Donnelly, president of the Center for Military Readiness.

Donnelly

"It is highly inappropriate," Donnelly continues, "for a federal district judge to try to make policy for the military or overturn the policy of the executive branch."

"It violates the Constitution," responded Heritage Foundation scholar Ryan Anderson on Twitter, "to go back to the policy that Obama had in place for seven-plus years of his presidency? Really?" 

Trump surprised conservatives over the summer, and angered homosexual activists, when he tweeted that he was reversing an order that had come late in the Obama administration.

"Chelsea" Manning bannerThe order reportedly surprised military commanders, too, and it took weeks for the Pentagon to announce a plan to implement a new policy that reverses years of homosexual-friendly policies implemented during the Obama years. 

Six service members who sued are claiming Trump's order violates their right to equal protection, The Washington Post reported  on Monday.

The judge was "unsparing" in her ruling that claims there is "no support for the claim that the ongoing service of transgender people would have any negative effect on the military at all," the Post said, quoting the order.

U.S. Army saluteThe judge's order did not address a new policy that bars military funding for sex-reassignment surgery.

Donnelly says the judge has based her judicial opinion on the wrong premise.

"Namely egalitarianism," she says, "as if the military exists to provide careers and jobs. It doesn't exist to provide medical benefits either."

Even health care coverage in the U.S. armed forces is related to military readiness, says Donnelly, who predicts the judge's order will be overturned. 

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