ACLU Asks Court To Immediately Halt Trans Troop Ban

From the ACLU’s blog:

Today we are filing a motion for a preliminary injunction asking the court to put an immediate stop to the President’s ban to ensure that the harms to our clients and the thousands of other transgender individuals serving our country are rectified immediately.

Individuals like our client Staff Sgt. Kate Cole should not have to worry about whether their job, health care, entire life is on the line— not because of the risks inherent in the work she has so bravely taken on, but due to the political whims of her commander in chief pandering to a base that would like to see her very existence erased. Staff Sgt. Cole has served in the military since she enlisted at 17. She has deployed to Afghanistan, Estonia, Latvia, Lithuania, and Poland. This work, her service, is the only job she has ever known, and she has devoted her life to it.

Now her medical care has already been cancelled and she risks losing everything. And for what? Because the president decided to do the military “a favor” and end transgender service without having to study it.

Transgender people are not pawns in a political game. Our lives, our health care, our work cannot be erased with a tweet. We will not let that happen, and we are heading to court to stop it.

More from The Hill:

On Aug. 28, the ACLU filed suit on behalf of six transgender troops, arguing the ban violates equal protection and due process rights. The ACLU’s suit is one of four against the ban. The others are from the National Center for Lesbian Rights (NCLR) and GLBTQ Legal Advocates & Defenders (GLAD), Outserve-SLDN and Lambda Legal, and Equality California. NCLR and GLAD have also asked for a preliminary injunction in their lawsuit.

In its filing Thursday, the ACLU argued that there will be “irreparable harm” to the troops it represents: “Without a preliminary injunction to preserve the status quo, plaintiffs’ health and careers — and the health and careers of thousands of other transgender service members and qualified individuals who wish to serve — will be irreparably harmed,” the motion said. “The transgender service member ban is unconstitutional and invalid on its face, and the court should enter a preliminary injunction prohibiting Defendants from implementing or enforcing it.”

  • PickyPecker
  • Todd20036

    Yup, even the military doesn’t want this ban.
    Only the Nazis do.

  • another_steve

    Courts are loathe to block stuff when there is no proven harm, yet, to potential plaintiffs.

    Are there plaintiffs who have stepped forward and alleged harm?

    • Beagle

      Although the exact test may vary by court, irreparable non-monetary harm is generally one prong of the test for a preliminary injunction. The ACLU’s brief (available though the ACLU link above) lists the unavailability of gender reassignment surgery, inability to seek commission as an officer, stigma relating to discharge from the military, and violation of constitutional rights generally. With examples from several named plaintiffs.

      TL/DR — Yes.

    • lymis

      Given that the order immediately stops their health care, the harm is pretty evident.

  • Judas Peckerwood

    Thank you (again), ACLU!

    If you’re not already a member, what are you waiting for? https://action.aclu.org/secure/become-freedom-fighter-join-aclu?s_src=UNW170001C00&alt_src=UNV170001C00&ms=web_horiz_nav_hp_join

    • another_steve

      No better place to contribute to. My husband and I have been contributors for a long time.

      The ACLU was very instrumental in winning the right to marriage equality.

    • james1200

      I just looked it up and they have 1.6 million members. Wow. Definitely joining up. They’ve just always been there so I guess I take them for granted.

      • TuuxKabin

        Anyone receiving IRA retirement payouts can have donations deferred directly to the ACLU and any other ‘tax free’ organization to receive a lower tax bracket by your contribution.

    • Adam Schmidt

      I’m approaching 4 months unemployed and we still contribute to the ACLU. We feel it’s as vital to our future as food and rent.

    • jerry

      Card carrying member since 2004…them, and Planned Parenthood.

  • bambinoitaliano

    No one should be operating government of any branch when he or she can be so easily threaten by a set of genitals.

  • Rex

    Fight this ignorant ban at every level and at every opportunity.
    The administration needs to learn that you can’t fuck with people’s lives to gain political favor. We’ve come too far to see any right whatsoever turned back.

  • JWC

    Another resounding slap in the fat fleshy face of Trump Fuck off you orange Turd How the Mighty will fall when his 30% base is more and more denied As they begin to see him as the rest see him, it will be over

  • Lars Littlefield

    Right now Trump’s staff is working on proposed legislation to force all lesbian and gays to go back in to the closet. You laugh? Laugh at your own peril.

    • LesbianTippingHabits


      They are probably using Chelsea Manning, formerly known as PFC Bradley Manning, our country’s most famous transgender veteran, as an example.

  • Andrea_Rae

    Where are the HRC whores? Sucking their own dicks and throwing a gala somewhere no doubt.

    • 2guysnamedjoe

      If the ACLU wins the case, HRC will declare victory.

  • Ninja0980

    Do we know what judge this will come in front of?
    That will make all the difference here.

  • Bluto
    • Jean-Marc in Canada

      I sooooo need to share that with Trump……oh look, I just did……

      https://twitter.com/sirlthr69/status/908395845149749251

      ….maybe this will get me blocked.

      • greenmanTN

        I have faith in you.

        • Jean-Marc in Canada

          🙂

      • Paula

        You’re my hero!

        • Jean-Marc in Canada

          Thanks sweety 🙂

      • jerry

        I think there was already a ruling that considered his tweets official business, and that he could no longer block access.

        • Jean-Marc in Canada

          Well then, I definitely need to step up my game.

    • james1200

      Oh, good, they finally shrunk his body to fit his tiny hands.

  • BeaverTales

    This is like bringing back DADT, but just for the trans community. It shouldn’t be constitutional to ban them, look at Canada and the EU, Australia, Bolivia, Thailand and Israel for examples.

    http://www.cnn.com/2017/07/27/us/world-transgender-ban-facts/index.html

    There shouldn’t be a problem if you want to risk/sacrifice your life for a country that hates you. My African American father did it for 20 years.

    • Jean-Marc in Canada

      If you can serve and choose to serve, there is no reason under the sun why you should be disqualified from doing so.

  • Jean-Marc in Canada

    It will always gall me that a coward with 5 deferments AKA draft dodging tactics, has the nerve to shit on people who do what he and many other cowards are unwilling and unable to do.

    • Dreaming Vertebrate

      Dumpf: Have you no pity for my debilitating bone spurs, which miraculously and fortuitously disappeared when I no longer needed the excuse??

      • Karl Dubhe

        Every veteran on Earth; “fuck to the no, bitch.”

    • JCF

      https://pbs.twimg.com/media/DILFIr-WAAEv1WZ.jpg

      [Int Sec Zinke’s daughter. Love this ^, but also want her to press her father to RESIGN. (maybe she’s as ineffective at that, as Ivanka)]

  • bkmn

    Anyone see which circuit court this is filed in? The choice of circuits could make a big difference.

    • Ninja0980

      Likely the 4th, given that with Obama being able to put so many judges on there it is now a centrist to liberal leaning court instead of the right wing hellhole it once was.
      Pity others like the 3rd,7th will be going in the opposite direction.

      • Beagle

        Filed in the District of Maryland, which is in the 4th.

        • Ninja0980

          Smart move.

  • david fairfield

    This kind of shit just astounds me. That we live in the year 2017 and still fight for basic human rights to be shared EQUALLY for EVERYONE is so bewildering. Every single week that Trump has been in office he has attempted to derail civil and human rights for minority groups. This is a big one…big enough to have made mainstream news, but there are dozens more in the form of executive orders that have been under the radar. Betsy DeVos, for example, has taken steps to remove protections from bullying in schools for lgbt youth. Because transgender crimes are not reported in the news few people even realize that crimes against transgenders has risen 100% since Trump has taken office. ONE HUNDRED PERCENT! His enabling of bigoted behavior has created a hostile environment. I live in Los Angeles and I see a difference here! I’ve heard things like ‘why don’t you go back where you came from’ being shouted at unsuspecting people. As a society we conform to the rule of law based on our compassion for those who are treated differently, and it’s so disheartening to see that so many people conformed only by suppression. This is how they really feel, and have no problems letting it all out, because the president gave carte blanche. What is especially disheartening is that WE, the lgbt community, do not even have protections written into law, and WE are the target for removing the few protections that have been afforded us in the last few years. They are being summarily taken away. Thank you ACLU, and to everyone else get ready to march!

  • JWC
  • JCF
  • JCF

    Related: on a positive note—

    Bill to offer ‘nonbinary’ option on California driver’s license goes to Senate

    http://www.10news.com/news/bill-to-offer-nonbinary-option-on-california-drivers-license-goes-to-senate

    Just wrote my State Senator, to support Californians like ME! 🙂 [Californians here, could you please join me? Ask them to support SB 179, also known as the Gender Recognition Act. If you’re unsure of your State Senator, you can find out here: http://findyourrep.legislature.ca.gov/ ]

  • Sporkfighter