Pentagon will allow trans enlistments in 2018, while lawsuits go through courts

Pentagon will allow trans enlistments in 2018, while lawsuits go through courts
Transgender flag. (Image via St. Louis Post-Dispatch)

[Ed. – This isn’t just bad policy, it’s bad law.  The president, in issuing his decision this year, reversed a decision made SOLELY BY THE SECRETARY OF DEFENSE in 2016.  The Secretary of Defense is subordinate to the president at all times, and a decision on policy of this kind can be reversed by the president at any time, because he’s the president and no one else is.  It simply doesn’t matter what the basis for the court rulings was: the underlying issue — accessing trans people into the military — doesn’t have a controlling body of case law behind it; Congress has never passed a law touching on it; and Trump was acting within his constitutional purview to reverse the decision made by Secretary Ashton Carter last year.  This whole thing is a travesty of law.]

The Pentagon is allowing transgender people to enlist in the military beginning Jan. 1, despite President Donald Trump’s opposition.

The new policy reflects growing legal pressure on the issue, and the difficult hurdles the federal government would have to cross to enforce Trump’s demand to ban transgender individuals from the military. Two federal courts already have ruled against the ban. Potential transgender recruits will have to overcome a lengthy and strict set of physical, medical and mental conditions that make it possible, though difficult, for them to join the armed services.

Maj. David Eastburn, a Pentagon spokesman, says the enlistment of transgender recruits will start Jan. 1 and go on amid the legal battles.

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