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Ilsa

(61,712 posts)
Wed Aug 23, 2017, 10:04 PM Aug 2017

The Orange Ass is pressing ahead on his transgender ban

in the military, leaving discretion for Mattis for individual cases.

I hope they all get to stay. And yet I hope they all quit together if possible. And others quit with them in solidarity.

I despise this person.

18 replies = new reply since forum marked as read
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The Orange Ass is pressing ahead on his transgender ban (Original Post) Ilsa Aug 2017 OP
Trump has no way of actually knowing whether anyone is kicked out. The Velveteen Ocelot Aug 2017 #1
He really is the biggest jackass on the planet! Initech Aug 2017 #2
Trump, is a disciple from hell! The man is totally evil! n/t RKP5637 Aug 2017 #3
He's trying to change the subject... jrthin Aug 2017 #4
Exactly. Pee pee tapes! anneboleyn Aug 2017 #10
It's just dishonest to not pay for needed surgeries johnsonsnap Aug 2017 #5
It's not covered by most non-military insurance plans. Ms. Toad Aug 2017 #8
If he hasn't submitted an order in writing to the Joint Chiefs Warpy Aug 2017 #6
Oranganus Dem2 Aug 2017 #7
You are so right! Thank you. nt Ilsa Aug 2017 #11
To me, this is an obvious and desperate diversion attempt. Attack transgender people again to change anneboleyn Aug 2017 #9
This is insane if he's doing this. cwydro Aug 2017 #12
Wedge issue superpatriotman Aug 2017 #13
I still ain't believing it. TomSlick Aug 2017 #14
They can, actually Lee-Lee Aug 2017 #16
Yeah, but TomSlick Aug 2017 #17
Using he medical angle they pretty much can Lee-Lee Aug 2017 #18
can we ban orange pussy grabbers from being president? Skittles Aug 2017 #15

The Velveteen Ocelot

(115,982 posts)
1. Trump has no way of actually knowing whether anyone is kicked out.
Wed Aug 23, 2017, 10:07 PM
Aug 2017

Maybe nobody will be, since the military brass didn't seem too keen on the idea.

Ms. Toad

(34,127 posts)
8. It's not covered by most non-military insurance plans.
Wed Aug 23, 2017, 10:23 PM
Aug 2017

So at least until it runs through the court system, and is declared unconstitutional discrimination, he could avoid the "exhorbitant" cost by denying coverage for the surgery.

(Which shows how disingenuous his excuse is.)

Warpy

(111,444 posts)
6. If he hasn't submitted an order in writing to the Joint Chiefs
Wed Aug 23, 2017, 10:16 PM
Aug 2017

and sat with them to work out a plan, it's not going anywhere.

anneboleyn

(5,611 posts)
9. To me, this is an obvious and desperate diversion attempt. Attack transgender people again to change
Wed Aug 23, 2017, 10:24 PM
Aug 2017

the subject. Trump has been having a shitty week (poor poor poor widdle babeee!), and his scumbag people always solve this by attacking some group that Trumpers hate. His coy little attempt to protect white supremacists backfired on him. And so of course he attacks transgender folks again.

I hope they can sue the shit out of him. I have no idea how this would work with the military rules but if these people are loyal soldiers carrying out their duties then this ass has no right to do this to them.

 

cwydro

(51,308 posts)
12. This is insane if he's doing this.
Wed Aug 23, 2017, 10:27 PM
Aug 2017

I haven't read anywhere he's going through it.

Are the Joint Chiefs all in with the ban? It makes no sense. The paperwork alone would paralyze the military.

TomSlick

(11,134 posts)
14. I still ain't believing it.
Wed Aug 23, 2017, 10:46 PM
Aug 2017

You really can't make this kind of military personnel law by fiat. I will allow that I'm surprised to still be hearing about this, which makes me wonder if I'm missing something. Nevertheless, I remain skeptical.

Than again, my parents named me Thomas in a moment of prophetic insight.

 

Lee-Lee

(6,324 posts)
16. They can, actually
Thu Aug 24, 2017, 06:46 AM
Aug 2017

Things like enlistment standards and medical readiness standards are done by regulation published by then DoD and individual branches, not by actual law. The law just authorizes them to make the regulations.

The wording will probably just end up classifying being transgender as a medical issue that makes a person non-deployable and the policy is now that if your non-deployable you can't enlist/commission and except for a few rare cases are medically separated. I know not every transgender person uses hormone therapy but most do, and the dependency on hormones is enough to make a person medically non-deployable even using no different standards than are used for most other medical conditions.

The change to allow it had not worked out how that would be managed, so now they are going to use that to do a blanket ban.

TomSlick

(11,134 posts)
17. Yeah, but
Thu Aug 24, 2017, 08:58 PM
Aug 2017

Military regulations must be consistent with law. There is nothing in US government personnel law that would continence such a regulation. I appreciate there is no right to military service but I am not convinced that regulation cannot violate the Equal Protection clause.

My bet is that this will be tied up with DoD lawyers for a long time and may wither and die in the process. Failing that, I suspect there will be quick injunctions from the federal courts.

I'm also betting that somewhere in the Defense Intelligence Agency or the nuclear weapons programs, the absolutely indispensable persons are openly transgendered. If I'm right, it will all grind to a halt.

My fall back position is that with Bannon gone, Trump will listen to the generals and admirals that tell him this is a really bad idea.

Hope springs eternal.

 

Lee-Lee

(6,324 posts)
18. Using he medical angle they pretty much can
Fri Aug 25, 2017, 06:17 AM
Aug 2017

The thing that changes it from an Equal Protection standpoint is that the vast majority of transgendered people require medical care specific to that condition while that isn't true based upon race, religion, etc. Be it hormone treatment, monitoring of hormone levels or counseling. All the people I know who are transgendered will flat out say that their hormones are a crucial part of their well being and aside from physical changes if they miss a dose their emotional stability and mental clarity take a huge fast hit as well, and that's a legitimate medical issue.

And while not every transgendered person does require that treatment the military has long been allowed to disqualify people based on medical needs or diagnosis broadly even if some percentage of people with the diagnosis would be ok to serve because it's more efficient than going case by case by case to find the exceptions to the rule.

For example- sleep apnea. If you are diagnosed with sleep apnea you can't enlist and if the diagnosis happens after you are in you can't deploy and therefore will in almost all cases be medically separated. The reasoning is that most people with sleep apnea require a CPAP, a CPAP requires electric power, and in a deployed environment they cannot ensure you will have access to both. Now, there are some people with sleep apnea who can get by without a CPAP, but the military isn't going to do a case by case evaluation for new enlistees to spend time figuring it out they just say "no sleep apnea".

What I expect will happen will be something just like that. Or how they handle diabetes now. If your not in already the condition will be a bar to enlisting. If you are in a medical review board will look at your case and apply the same standards used for other medical issues to determine if you are deployable. Or if care needed going forward is consistent with maintaining your ability to deploy. If you are not deployable or will not be for an extended period you will be separated. A few rare cases may be exceptions to the standards found by the board because once you are in they are more willing to try and retain you if your skills are needed- for example I know of only one person retained after he became and insulin dependent diabetic but he was a surgeon so there was a combined factor of him being very expensive to replace and also being only stationed at a hospital even when deployed so a supply of insulin wasn't as big an issue. Even then he had to sign acknowledging that he understood the risks if he was separated from that insulin supply.

It's not fair, for sure. But nothing about military service is. I dealt with having to kick a lot of Soldiers out of the Army Reserve via medical review boards when they developed helath issues. But I always figured that would be the problem here as well and from what I saw and heard they Obama administration had failed to come up with a coherent strategy or policy on handling the medical side of it and had just told the services "figure it out"- and that will leave the door open to change the policy now.

Who knows, maybe in 10-20 years they will develop better ways of hormone treatment like some long term implantable or even synthetic organs. Then that may render the medical side a moot point.

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