With
a conservative Supreme Court -
Chief Justice John G. Roberts Jr. and Justices Clarence Thomas,
Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh - it
comes as no surprise that a 5-4 vote has revived Trump’s
discriminatory policy on transgender service members, while the
merits of the cases will continue to be challenged in lower courts.
Last
year President Trump’s ban against transgender service members
was delivered in his inimitable style of communicating to the
American public the order in the form of a tweet:
“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,” Trump tweeted. “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. Thank you.”
If
Trump had his way, he would militarily eradicate transgender people
from existence. Tuesday, Trump’s Supreme Court delivered his
wish in supporting the exclusion of transgender men and women.
But,
the Court doesn’t think so because its Orwellian argument is
that the discriminatory policy is not a “blanket ban.”
The policy’s caveat is that it only targets some transgender
individuals not all.
“The
policy does allow transgender troops to serve but only if they do so
in their biological sex, do not have a history or diagnosis of gender
dysphoria, or can show a 36-month period of “ stability”
prior to military service."
Since
the military policy “Don’t Ask, Don’t Tell”
(DADT) in 2011 allowed LGBTs to openly serve, unfortunately, military
medical policies continue to discriminate against our transgender
population. Evidence has shown that the military spends 5 times more
on erectile dysfunction medications such as Viagra and Cialis, than
it does providing medical services for transgender troops, the bias
persists nonetheless. The President’s binary views of gender,
along with the perceived excessive cost of gender-reassignment
surgery give rise to his notion that transgender healthcare is a
“tremendous medical cost and disruption” to the military.
For
example, in a July 2017 ad by the Family Research Council, for
instance, Chelsea Manning is pictured next to a military jet with the
question “Which one do you want our military to be spending
your tax dollars on - transgender surgeries or equipment?”
In
November 2017, the first sex assignment surgery for an active service
member was approved for payment. However, it must be emphasized that
the medical cost for transgender troops is one-tenth of 1% of the
military’s annual medical spending.
Last
year, members of the Joint Chiefs of Staff testified before Congress
on behalf of transgender troops serving openly because of no known
issues resulting from it.
Today,
it is surprising to me that amid several wars that need every able
person who wants to serve our transgender patriots would be excluded.
Back in the day, LGBT service members who served our country were
either closeted about their sexual orientation or gender identity, or
they were discharged under “honorable conditions” called
“Fraudulent Enlistment.”
Military
readiness is not a heterosexual cisgender calling. The President’s
ban reverts to the military’s history of intolerance eerily
reminiscent of the same argument used when the military did not want
to integrate its ranks racially.
Title
VII of the 1964 Civil Rights Act, which bars discrimination in the
workplace based on “race, color, religion, sex or national
origin,” but it does NOT bar discrimination based on sexual
orientation or gender identity. However, the Obama administration
expanded the Civil Rights Act of 1964 to protect LGBTQ Americans
providing federal guidelines permitting transgender students to use
“gender-appropriate facilities ” which aligned with
their gender identity. Obama’s policy also opened the military
to transgender service members
Transphobia,
like racism and sexism, in our armed forces is militarily dangerous
because it thwarts the necessary emotional bonding needed amongst
service members in battle, and it underutilizes the needed human
resources to make a democratic and robust military.
Our
transgender service members are prepared to defend this country with
their lives. Without them, America would not be able to present
itself as a united front on the battlefield. The real war in America
is with itself.
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