联邦法官驳回特朗普禁止跨性别者参军的努力
Federal Judge Denies Trump's Effort To Ban Transgender People From Military

原始链接: https://www.zerohedge.com/markets/federal-judge-denies-trumps-effort-ban-transgender-people-military

联邦法官驳回了特朗普政府撤销一项禁令的请求,该禁令阻止五角大楼阻止跨性别者参军。雷耶斯法官维持了她先前的初步禁令,称政府的政策可能侵犯了跨性别服役人员的宪法权利,并可能对其造成无法弥补的损害。 特朗普政府的政策,在一项行政命令中概述,声明“表达虚假性别认同”的个人不符合军队标准。政府辩称,该政策侧重于性别焦虑症(一种医学疾病),而不是歧视跨性别群体。 雷耶斯法官驳回了这一论点,称性别焦虑症只影响跨性别者,因此该政策具有歧视性。她强调了跨性别服役人员所做的牺牲,并指出了剥夺他们平等保护权的“残酷讽刺”。法官允许更多时间进行上诉程序,有效地阻止了禁令生效。


原文

Authored by Jacob Burg via The Epoch Times (emphasis ours),

A federal judge on March 26 denied the Trump administration’s motion to dissolve her order that prevents the Pentagon from blocking transgender people from enlisting in the military, which was scheduled to go into effect on Friday.

U.S. Army paratroopers assigned to 1st Brigade Combat Team, 82nd Airborne Division board an aircraft bound for the U.S. Central Command area of operations from Fort Bragg, N.C., on Jan. 5, 2020. U.S. Army/Spc. Hubert Delany III/Handout via Reuters

U.S. District Judge Ana Reyes filed a memorandum opinion and order on Wednesday denying the administration’s request to dissolve, or stay pending appeal, her March 18 preliminary injunction halting the new military policy.

The government filed an appeal after Reye’s Wednesday order.

President Donald Trump signed an executive order titled “Prioritizing Military Excellence and Readiness” on Jan. 27 that says individuals “expressing a false gender identity” do not meet the standards for military service and that “adoption of a gender identity inconsistent with an individual’s sex conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.”

On March 18, Reyes ruled that Trump’s order likely violates the constitutional rights of transgender-identifying active-duty service members who challenged the order and could cause them irreparable harm. She agreed to stay the preliminary injunction until March 21 to give the administration enough time to appeal.

“Indeed, the cruel irony is that thousands of transgender service members have sacrificed—some risking their lives—to ensure for others the very equal protection rights the Military Ban seeks to deny them,” Reyes stated in a 79-page ruling.

During a March 21 hearing, Reyes requested that the Department of Defense delay its original March 26 deadline for instituting the policy.

The government filed a motion to dissolve the injunction on March 21 and argued that the policy is not an overarching ban on transgender-identifying people but rather “turns on gender dysphoria–a medical condition–and does not discriminate against trans-identifying persons as a class.”

The administration also asked that if the motion to dissolve is rejected, the court should stay the preliminary injunction pending appeal. It also cited new guidance issued on March 21 that clarified that “the phrase ‘exhibit symptoms consistent with gender dysphoria‘” only applies to “individuals who exhibit such symptoms as would be sufficient to constitute a diagnosis.’”

Reyes said she preferred to give additional time for the appeals process and said she had previously granted enough time to appeal her last opinion, stopping the ban from going into effect. She also acknowledged that the government’s cited guidance was new but that the defense’s argument was not.

“Defendants re-emphasize their ‘consistent position that the [Pentagon] Policy is concerned with the military readiness, deployability, and costs associated with a medical condition,’” Reyes wrote.

“Regulating gender dysphoria is no different than regulating bipolar disorder, eating disorders, or suicidality. The Military Ban regulates a medical condition, they insist, not people. And therein lies the problem.

“Gender dysphoria is not like other medical conditions, something Defendants well know,” Reyes wrote. “It affects only one group of people: all persons with gender dysphoria are transgender, and only transgender persons experience gender dysphoria.”

Aldgra Fredly contributed to this report.

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