Defense Secretary To Recommend Allowing Transgender Military Members To Continue Serving

From The Washington Post:

Defense Secretary Jim Mattis is expected to propose to President Trump that transgender members of the U.S. military be allowed to continue serving despite the president’s call last summer for a ban on all transgender service members, according to two U.S. officials with knowledge of the issue.

Trump surprised many Pentagon officials on July 26 by issuing a string of tweets in which he said he was banning all transgender people from the military, despite not having a plan in place. Trump tweeted that he had reached his decision “after consultation with my Generals and military experts,” citing the “tremendous medical costs and disruption” he believed it would cause.

Marine Gen. Joseph F. Dunford Jr., the chairman of the Joint Chiefs of Staff, moved afterward to stop any changes from taking place until a new policy was adopted, and Mattis backed the move. The Obama administration began allowing transgender people to openly serve in the military in June 2016, prompting some people to come out for the first time.

Dunford, testifying before the Senate Armed Services Committee last fall, said transgender troops already in the military have served with honor.

“I believe any individual who meets the physical and mental standards, and is worldwide deployable and is currently serving, should be afforded the opportunity to continue to serve,” he said.

He added that he would continue to advise Trump that transgender service members who follow rules and regulations should not be ejected on the basis of their gender identity.

News Round-Up: February 21, 2018

(via Instagram)

Some news items you might have missed:

• In case you missed it, Jim Newman definitely wished you all a Happy Valentine’s Day (above)

• Melonie Diaz has been cast as the first magical sister in the Charmed CW reboot. She’ll play “Mel,” the time freezing lesbian sister of the trio of witches featured on the show.

• American voters overwhelmingly support allowing undocumented children brought to the U.S. as children, so-called “Dreamers,” to remain and eventually apply for citizenship by 80%-16%.

• Olympic silver medalist Gus Kenworthy says he’d like to explore acting as his next chapter and Wes Anderson would be his dream pick as director. Hey, Wes…

• Defense Secretary James Mattis’ deadline for recommending how to handle transgender military service members came and went today. What next?

• MTV fired reality personality James Eason for homophobic tweets that compared gays with dogs or fleas, or something really stupid.

News Round-Up: February 20, 2018

Great Britain’s bob sled team

Some news items you might have missed:

• Kenneth-in-the-212 points up that Great Britain’s bobsled team (above) has a lot to offer both on and off the track 😉

• Newly-installed Army Secretary Mike Esper says the issue of transgender soldiers serving in the military “hasn’t come up” when he talks to American soldiers.

• South Carolina lawmakers have filed legislation that would define marriage as only between men and women, and deem same-sex unions as “parody marriages.” One of the authors of the bill calls same-sex marriage “an impersonation of actual marriage.”

• The latest Quinnipiac poll shows a staggering 97% of Americans support requiring background checks for all gun purchases.

• The Department of Defense’s new policy on service by transgender troops is due tomorrow. Does Defense Secretary James Mattis have a plan?

• Out UK singer Calum Scott covers Gay Times Magazine. In his interview, Scott explains how his songwriting changed after coming out: “When I was honest about myself and my feelings and especially my sexuality, it started flowing out of me like a river.”

Republican National Committee Approves Resolution Supporting Trump’s Proposed Ban On Transgender Service Members

The Republican National Committee has approved a resolution supporting President Donald Trump’s proposed ban on transgender military service members.

And along the way, GOPers decided that being transgender is “a disqualifying psychological and physical” condition.

From the AP:

In a resolution passed at its annual winter meeting Friday, the committee voted to support Trump’s August demand that military recruitment policy consider transgender as “a disqualifying psychological and physical” condition

Trump’s order has suffered legal setbacks. Three federal courts have ruled against the ban, prompting the RNC to take the position standing with Trump.

An effect of one court ruling was that the military would be required to allow transgender people to enlist beginning Jan. 1.

The issue has divided the GOP. Some Republicans in the Senate, including military veterans Joni Ernst of Iowa and John McCain of Arizona, have objected to Trump’s ban.

The Defense Department is undertaking a review of recruiting policies, a process expected to be completed in the coming months. RNC member Bob Kabel said he expects Trump to abide by the recommendations in the Pentagon’s review.

As the article mentions, not all Republicans agree with this anti-trans position. Here’s a few more:

Dept. Of Justice Will Not Fight Court Rulings Against Trump’s Transgender Military Ban, Enlistments To Begin January 1

The U.S. Justice Department announced Friday night that it will not fight the rulings of four federal courts against Donald Trump’s proposed ban on transgender military service members.

From The Washington Blade:

“The Department of Defense has announced that it will be releasing an independent study of these issues in the coming weeks,” the DOJ official said. “So rather than litigate this interim appeal before that occurs, the administration has decided to wait for DOD’s study and will continue to defend the president’s and secretary of defense’s lawful authority in district court in the meantime.”

The Justice Department on Friday withdrew its appeals of three court rulings against Trump’s transgender military ban — one from a federal court in D.C., another from a federal court in Maryland and another from a federal court in Washington State. A federal court in California also ruled against Trump’s trans ban, but the Justice Department had yet to appeal that decision.

In July, Trump announced via Twitter he would ban transgender people from the armed forces “in any capacity,” following up with a directive making good on that promise. As a result of litigation from LGBT legal groups, court enjoined the Pentagon from enforcing that directive. The Justice Department sought a stay on those decisions, but only as it pertained to allowing openly transgender people to enlist in the armed forces.

This means transgender Americans who want to serve their country will be able to enlist beginning January 1.

“This is a major victory in the litigation and great news for transgender troops, transgender military academy and ROTC students, and transgender people who have been waiting to enlist,” said Shannon Minter, Legal Director for the National Center For Lesbian Rights. “There is no reason to exclude transgender people from military service, especially when they have already proved their ability to serve. Transgender people are part of this country, and their willingness to take on the hardships and sacrifices of military service should be honored, not banned.”

Pentagon Memo Details How Trans Individuals Will Be Processed Into U.S. Military

NBC News reports on a Pentagon memo which outlines in great detail how transgender individuals will be processed into the military using their “preferred” gender versus their identified sex at birth.

A Department of Defense memo dated December 8, 2017, explains that if an applicant’s preferred gender is different than their birth sex, they may present a birth certificate, court order or passport indicating their preferred sex and will be processed into the military under that gender.

Room assignments, height and weight standards, medical exams, underwear requirements, and bathroom assignments will be determined based on the “preferred” gender, even when the individual retains “the anatomical characteristics of their birth sex,” the memo says.

The memo details in great specificity how transgender individuals will operate in the military, including directing that transgender male applicants who have not undergone hormone therapy or surgical changes will wear undergarments “consistent with their physical anatomy” and will be administered pregnancy tests like female applicants undergoing in-processing.

Both male and female applicants who have undergone sex reassignment surgery or genital reconstruction will be disqualified from joining the military unless they have been physically and emotionally stable for at least 18 months.

Applicants may request privacy during the group screening procedures and have chaperones based on preferred gender, not birth sex. In fact, once processed, the only record of a discrepancy between birth sex and preferred gender is a medical history form, DD 2807, maintaining an applicant’s privacy.

“Every applicant will be treated with dignity and respect,” the memo says.

While the Trump White House says it has not exhausted all legal options, the Pentagon has issued a statement saying it will obey recent court orders knocking down the Trump ban.

Transgender individuals will be allowed to enlist beginning January 1, 2018.

Federal Appeals Court Denies Trump Administration Request To Stop Transgender Military Recruits Jan. 1

The Fourth Circuit Court of Appeals in Virginia has denied a request by the Trump administration to prevent the U.S. military from accepting transgender recruits starting Jan. 1.

From Reuters:

The administration had urged the appeals court to suspend an order by a federal judge in Baltimore for the armed forces to begin accepting transgender recruits on that date. The administration has said the Jan. 1 start date was causing the armed forces to scramble to revise their policies at the risk of harming military readiness.

In a brief two-paragraph order, the three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals said it was denying the administration’s request while the appeal proceeds.

Several transgender service members filed suit in Maryland after Trump said in July he would ban transgender people from the military, a move that would reverse a policy of the Republican president’s Democratic predecessor Barack Obama to accept them. Trump cited concern over military focus and medical costs.

So far, three federal judges around the country have issued injunctions blocking Trump’s ban. His administration has appealed all three rulings.

Pentagon Will Accept Transgender Recruits January 1 Despite Trump Objections

A federal judge has denied the Trump administration’s request to bar transgender folks from enlisting in the U.S. military which means the Pentagon will have to allow trans recruits beginning January 1.

From LGBTQ Nation:

U.S. District Judge Colleen Kollar-Kotelly ruled against overturning her ruling, delivered back in October, that trans people should be able to enlist at the start of the year, despite an ongoing legal battle.

Kollar-Kotelly was one of two federal judges to rule against the ban, the most recent of which also prohibits the federal government from refusing to cover health costs associated with gender confirmation surgery.

On the same day as the second ruling against them, the Trump administration asked for clarification on Kollar-Kotelly’s ruling. Was she really saying they couldn’t delay trans soldiers from enlisting while the legal battle raged on, and while the Defense Department reviews the issue? Why, yes. Yes she was.

Even that wasn’t enough for them, however. They tried one last time to block trans people, filing for an emergency stay against Kollar-Kotelly’s ruling.

Today’s ruling means the military has no choice but to begin allowing trans people to join the military, but doing so won’t be easy.

As the Associated Press reports, “the Pentagon can disqualify potential recruits with gender dysphoria, a history of medical treatments associated with gender transition and those who underwent reconstruction. But such recruits are allowed in if a medical provider certifies they’ve been clinically stable in the preferred sex for 18 months and are free of significant distress or impairment in social, occupational or other important areas.”

Individuals on hormone therapy will have to be stable on their medication for 18 months.

Federal Judge Rules Donald Trump’s Transgender Military Ban “Capricious, Arbitrary, and Unqualified”

Back in 2016, President Obama and Pentagon officials had decided that transgender troops could serve in the U.S. military without impacting military readiness or morale.

After a year-long review to make sure the rule change would be smooth, Donald Trump surprised military leaders by announced a ban on transgender military service members via Twitter:

Concerned transgender troops filed a lawsuit saying the decision violated their constitutional rights to due process and failed to follow proper rulemaking procedures.

In October, a federal judge in Washington, DC, agreed with the troops and put Trump’s ban on hold.

Today, US District Judge Marvin J. Garbis agreed in a parallel lawsuit in Maryland putting a complete stop on Trump’s proposed ban.

Judge Garbis looked at Trump’s tweets and ruled they did not come from solid policy making.

“President Trump’s tweets did not emerge from a policy review, nor did the Presidential Memorandum identify any policymaking process or evidence demonstrating that the revocation of transgender rights was necessary for any legitimate national interest,” the judge wrote.

In fact, the judge called the tweets “shocking.”

“An unexpected announcement by the President and Commander in Chief of the United States via Twitter that ‘the United States Government will not accept or allow Transgender individuals to serve in any capacity in the U.S. Military’ certainly can be considered shocking under the circumstances,” read Judge Garbis’ ruling.

More from Dominic Holden at Buzzfeed:

Trump reversing that 2016 rule with a tweet concerned the judge, who wrote on Tuesday, “A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes.”

Josh Block, a staff attorney representing troops in the case of Stone v. Trump, told BuzzFeed News the judge was referring to legal terms about the decision being arbitrary and shocking. “What is so extraordinary about this situation is that you had a detailed, year-long review that was then, on the spur of the moment, negated by a tweet out of nowhere that shocked Trump’s own generals,” he said.

“It’s not the judge that connected this to Twitter,” Block added. “It was Trump who decided that this could be announced by a tweet.”

Podcast: Kevin Spacey Had A Very Bad Week; Federal Judge Blocks Trump’s Trans Military Ban

In this week’s podcast:

• Academy Award winner Kevin Spacey had a really, really bad week

• A federal judge has blocked Donald Trump’s ban on transgender service members in the U.S. military

• Don’t miss the marriage equality documentary, “The Freedom To Marry,” now on Netflix

• The first openly gay winner of “The Voice Australia” released his latest single, a marriage equality anthem as the mail-in same-sex marriage survey comes to a close

All that and more on this episode of The Randy Report

p.s. I want to thank all the folks who’ve hit “Play” on the podcast. I’m humbled by the support.

If you like the podcast, I’d appreciate it muchly if you would post a review on iTunes. Not for my ego, but it helps the podcast be found more easily on iTunes.