• Hey, guest user. Hope you're enjoying NeoGAF! Have you considered registering for an account? Come join us and add your take to the daily discourse.

U.S. Naval Academy: Move toward admitting transgender mids halted

KSweeley

Member
Some immediate impacts from Trump's ban on transgender military service members has been reported such as this report that the U.S. Naval Academy has stopped moving towards admitting transgender people: http://www.baltimoresun.com/news/ph-ac-cn-naval-academy-transgender-0727-20170726-story.html

July 26, 2017

The Naval Academy confirmed Wednesday it has frozen any moves toward admitting transgender people, the same day President Donald Trump used his Twitter account to say he plans to bar them from serving in the military.

Cmdr. David McKinney said the academy had been working under interim guidelines issued in November. They would have moved the academy to begin accepting qualified transgender applicants for the incoming class in 2018. In December, the academy held a workshop called "Transgender 101" about inclusivity for faculty, staff and midshipmen.

But June 30, Secretary of Defense James Mattis froze all moves to begin accepting transgender applicants to the military until Jan. 1. McKinney confirmed Wednesday that that directive would also apply to the Naval Academy.

Trump's tweet Wednesday morning appears to make the postponement permanent, citing "tremendous medical costs and disruption."

Navy officials said they were working to match up Navy policy with Trump's announcement.

"We will continue to work closely with the White House to address the new guidance provided by the Commander-in-Chief on transgender individuals serving the military," Navy spokesman Capt. Jeff Davis said in a statement released after the president's morning tweet. "We will provide revised guidance to the Department in the near future."

The design throws into doubt the career of Ensign Ali Mayberry, a 2015 Naval Academy graduate whose story was chronicled by The Capital last year. She told Navy officials she was transgender after graduating, and was assigned to the academy while the Pentagon finished new guidelines in the works for several years.

Paula Neira of Bowie, a transgender advocate who graduated from the academy and served in the Navy before transitioning, said the president's decision isn't grounded in evidence. She said transgender people contribute to the mission and lethality of the military, and serve with honor.

"They're doing their job and they just want to serve the country they love," she said. "Calling for a ban on the ability of [transgender] people to serve in the military takes us backward to a time when willful ignorance and prejudice drove military personnel decision."

Neira, who graduated from the academy in 1985, served as both a regular and a reserve officer. She volunteered for recall to active duty, and served in a mine warfare combat operation during Operation Desert Storm.

"As someone who has served at sea, who has served in Desert Storm, all that matter is the ability to do that job," Neira said.

"The notion that you're going to be able to ban (transgender) people from serving is nonsense," she said. "What you're going to do is ask them to lie about it."
 

KSweeley

Member
This is so fucked up that a recent graduate of the U.S. Naval Academy might not be able to serve her country thanks to Trump and his bigotry and it's reported that these guidelines for transgender service members were "in the works for several years" now thanks to Trump, these guidelines are simply thrown out:

....throws into doubt the career of Ensign Ali Mayberry, a 2015 Naval Academy graduate whose story was chronicled by The Capital last year. She told Navy officials she was transgender after graduating, and was assigned to the academy while the Pentagon finished new guidelines in the works for several years.
 

linkboy

Member
Is there really no precedent or way for someone to take this to trial and to the Supreme Court?

It would have to go through the court system. You can't just take cases to the Supreme Court.

The ACLU will probably have a case in the courts as soon as the policy is fully announced (especially if they discharge any current serving transgender military members).
 

Opto

Banned
Ruining lives, dismissing their sense of duty, all to treat them like a political hot potato to try and burn Democrats
 
It would have to go through the court system. You can't just take cases to the Supreme Court.

The ACLU will probably have a case in the courts as soon as the policy is fully announced (especially if they discharge any current serving transgender military members).

If you're suing the government what lower court would it have to go through?
 

Volimar

Member
Get fucked Trump


With a cactus


A large cactus


A large, poisonous cactus.


A large poisonous cactus full of fire ants.
 
If you're suing the government what lower court would it have to go through?

First someone has to be affected by the ruling, you can't just sue a law because you don't like it, there has to be an injured party. There may be all sorts of hoops they have to go through first, like if they are discharged from service they may have signed a no lawsuit form and that would have to be worked around, they may be required to go through arbitration or military court, their pension may be at risk, etc.

Eventually you'd end up in a lawsuit against the federal government in a federal district court, either in your home state, in Washington, closest to your military base, etc. It can take a few weeks to months for a trial date to be set for the federal court. Then the trial, etc which can take months. Then whichever side loses is gonna pretty much auto appeal to the circuit court of appeals, there are 13 of those around the country and some lean left and some lean right. Finally, after that court case is decided, the final appeal is to the Supreme court.

Some things (death sentences, corporate issues, transferring someone to another country) can be expedited through the system but in general these things take years. It took years for the gay marriage issue to be put up in front of the supreme court and required a number of states to pass laws banning it, in order to get them challenged.
 

linkboy

Member
If you're suing the government what lower court would it have to go through?

The appellate courts and then work it's way up through there.

As the technical Commander and Chief of the military, I'm not sure there is. The
ACLU said they are looking at possible legal options now.

While true, there are still limits to what he can and can't do.

The crutch of this case is going to hinge on whether or not letting open transgender people serving in the military will have a negative impact on the military.

That's what the White House is going to have to prove.

Also, there's court cases currently making their way through the court system that may or may not establish gender identity as a federally protected class. If that happens, this ban is a moot point.
 

Ms.Galaxy

Member
our founding fathers didn't think everything out huh

After rereading the history of the American Revolution, I think I can safely say that a lot of things about the U.S.'s political and governing systems wasn't thought out very well and a bit rushed. I wouldn't be surprised if most of the founding fathers thought their experiment would end after a few decades.
 

Volimar

Member
After rereading the history of the American Revolution, I think I can safely say that a lot of things about the U.S.'s political and governing systems wasn't thought out very well and a bit rushed. I wouldn't be surprised if most of the founding fathers thought their experiment would end after a few decades.

Many expected it would and even on the chance it didn't they set up the Amendment process to make sure the Constitution would evolve with the nation. Sadly it hasn't quite kept up very well.
 
Top Bottom