This is a pretty effective misdirection to get people to lose focus while their healthcare is being taken away.
Banning Americans from serving in the military based on gender would ultimately prove to be unconstitutional, but it would make a lot of noise in the meantime. The military doesn't know what Trump is talking about, and there is nothing even resembling an implementation plan. Maybe Trump pushes this forward, maybe not. Right now, there are more pressing fires that need attention too, which Trump is hoping you'll forget about.
The media falls for this every single time. Trump probably can't believe this trick still works, after he keeps pulling it out time and time again.
Only three months ago the seventh circuit court of appeals ruled that workplace discrimination based on sexual orientation violates federal civil rights law, and that is based on a narrow reading of Title VII of the civil rights act of 1964.
https://www.lambdalegal.org/blog/20...oyers-cant-discriminate-against-gay-employees
It hasn't gone to the supreme court yet and in most states there are no LGBT protections for employment:
https://en.wikipedia.org/wiki/LGBT_employment_discrimination_in_the_United_States
Legally speaking, its not clear if any of that applies to trans either as Title VII says employers cannot discriminate on the basis of sex, race, color, national origin, or religion and my understanding is that trans identity is rooted in gender, not sex and gender is not a protected class under Title VII.
Even the gay rights ruling by the 7th court is a bit dicey imo, since there is nothing in Title VII about sexuality. Its a big roll of the dice on when the issue gets to the Supreme Court eventually whether they say that Title VII needs to be amended by Congress to include sexuality (and then gender as well) or agree that discrimination on sexuality is a form of sex discrimination. That still wouldn't really answer whether trans folks are also covered under sexual discrimination. As far as I know, every single case of a trans person being fired for just being trans has been ruled as legal under the law - Hobby Lobby, a funeral home in Detroit, and others.
While there are federal guidelines for federal jobs, those were issued by executive order, not passed by Congress, so they could be overturned by Trump anytime he wants.
The 11th court of appeals also ruled in March of this year that Title VII does NOT protect sexual orientation, completely conflicting with the ruling by the 7th court.
https://www.natlawreview.com/articl...discrimination-not-actionable-under-title-vii
All that means is that eventually the supreme court is going to have to rule, and many people suspect they will punt it to Congress who aren't going to amend Title VII anytime soon.