SCOTUS ruling on trans ban harkens back to Dred Scott
Is this the beginning of a new Dred Scott-like era?
This week, the Supreme Court of the United States lifted injunctions against immediate implementation of the Trump administration’s proposed restrictions on transgender men and women serving in the military to be immediately implemented.
Let me remind you of a bit of recent history:
In July 2017, Trump surprised military leaders by tweeting:
“After consultation with my Generals and military experts, please be advised that the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military.
Our military must be focused on decisive and overwhelming victory and cannot be burdened with the tremendous medical costs and disruption that transgender in the military would entail.”
There was not one ounce of truth between the word “After” and the word “entail.” He just flat-out lied. Surprise, surprise.
After some fits and starts, the administration created a new policy that generally bars transgender individuals from serving unless they serve “in their biological sex” and do not seek to undergo a gender transition.
Here’s how CNN explained the current policy:
Most transgender persons are now disqualified from military service except servicemembers who have been stable for three years in their biological sex prior to joining the military — meaning 36 months after completion of surgery and hormone treatments.
Service members diagnosed with “gender dysphoria” after joining the military can stay in the military as long as they don’t require a change of gender and remain deployable. (Gender dysphoria, FYI, involves a conflict between a person’s physical or assigned gender and the gender with which the person identifies, according to the American Psychiatric Association.)
Service members who were diagnosed with “gender dysphoria” before the effective date of the policy can still serve and receive medical treatment.
Transgender persons without a gender dysphoria diagnosis or history can serve in their birth sex.
The Defense Department can issue waivers on a case-by-case basis.
The policy also states that transgender persons serving who require gender reassignment surgery or hormonal treatment during their service would be disqualified due to their inability to be deployed for a period longer than 12 months.
I doubt whether the Supreme Court would have taken this action if it felt the government would ultimately lose on appeal. So you can see how this court will likely ultimately rule.
But why?
Just like in the marriage equality cases, there is no factual basis for such draconian restrictions. None.
Transgender soldiers have been serving for years without any discernible problem to justify such restrictions.
The Supreme Court, in its 1857 Dred Scott decision, which upheld the constitutionality of slavery, said that because Scott was black, he was not a citizen and therefore had no right to sue.
Because he was black.
Citizens of this country can serve in the military if they are physically and mentally capable. With this week’s ruling, the Supreme Court has effectively said that because a servicemember is transgender, even though he or she is physically and mentally capable of serving, he or she is not a full citizen of this country and cannot serve.
Because he or she is transgender.
But what is it about being transgender that has caused such dehumanizing measures? Ignorance and bigotry.
Just like with slavery.
And there is more to come in the area of “religious liberty.” The very use of that term is blasphemy. But it’s coming.
Trust me. It’s coming.
So today if a young boy who looks in the mirror and sees a girl and always has read the headlines, she knows that those in authority thinks she’s deviant, abnormal, less than.
It’s another sad day for America.
