Tuesday, 28 November 2017 17:40

A judge blocks the transgender military ban again

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Yes! Judge Marvin J. Garbis has blocked Trump's ban, which prevents trans people from serving in the military. He considers that it violates the constitution. And that a "capricious, arbitrary, and unqualified" tweet cannot replace a methodical review.

In his decision, Judge Garbis said the ban goes against the US Constitution. He wrote that trans people "demonstrated that they are already suffering harmful consequences such as the cancellation and postponements of surgeries, the stigma of being set apart as inherently unfit, facing the prospect of discharge and inability to commission as an officer, the inability to move forward with long-term medical plans, and the threat to their prospects of obtaining long-term assignments."

"A capricious, arbitrary, and unqualified tweet of new policy does not trump the methodical and systematic review by military stakeholders qualified to understand the ramifications of policy changes," he added.

This judgment follows the complaint filed by six transgender people. ACLU and the National Center for Lesbian Rights and GLBTQ Legal Advocates and Defenders have welcomed this decision.

"Today is a victory for transgender service members across the country," said Joshua Block, senior staff attorney with the ACLU. "We’re pleased that the courts have stepped in to ensure that trans service members are treated with the dignity and respect they deserve."

"Today’s ruling brings more hope to transgender service members and those who want to serve,” said NCLR legal director Shannon Minter. "Every court that rules against the ban brings us closer and closer to a permanent end to this nightmare."

Unlike Judge Kollar-Kotelly, the first judge to rule against the ban, Judge Garbis also ruled the government cannot stop funding for gender-affirming medical and surgical procedures

The administration lodged an appeal against the Garbis injunction.

A second judge has blocked the ban preventing trans people from serving in the army. Two other lawsuits against this policy should have a verdict soon.