Thursday, August 31, 2017

Mattis freezes Trump's transgender ban, civil liberty groups take the issue to court

Wikimedia Commons
On Tuesday, August 29, Defense Secretary Jim Mattis announced that transgender troops will continue serving in the military until the Pentagon completes an investigation of Trump's new directive passed last Friday (also while Harvey was raining destruction in Texas). The Pentagon has until Feb. 21, 2018 to come up with a plan for implementation of Trump's proposal or “[provide] a recommendation to the contrary that [Trump] find[s] convincing.” They must consider if and how they will allow transgender troops to continue serving, how to deal with the costs of the medical treatment for those who choose to take it, and how they will be discharged if transgender soldiers are prohibited from joining the military.  Mattis has compiled a panel of experts in combat from the Department of Defense and Homeland Security (directive would also affect Coast Guard members) to analyze and draw conclusions from data and evidence.

Trump's proposal reverses the actions of the Obama administration, as he claims that Obama"failed to identify a sufficient basis to conclude that terminating the Departments' longstanding policy [of banning transgender people from the military and practice would not hinder military effectiveness and lethality, disrupt unit cohesion, or tax military resources." Obama not only allowed transgender troops to serve in the military, but had the government pay the medical treatment bill for those who wanted to transition to a different sex. 

Starting with a series of tweets on July 26, Trump has made his concerns about transgender people abundantly clear. He believes that gender reassignment surgeries are a "tremendous medical cost" and that transgender people will cause disruption within the troops that the military should not have to deal with. Mattis has not been as explicit as president Trump in his opinions, but the Defense Secretary is known for having little tolerance for laws or policies that slow the effectiveness or disrupt the structure of the military.  In June, he delayed the integration of transgender troops into the military because he wanted to do more research on whether or not they improved the efficiency of the system. Mattis might have bought some time for Pentagon to compile more information, but the right for transgender citizens to join the military is only temporary in the moment, and it is unsure what stance the Pentagon will take based on their findings.

However, many civil liberty groups have expressed disgust and pushback against the ban. On Monday, August 28, Lambda Legal and OutServe-SLDN, both civil rights groups supporting LGBTQ+ cases, filed a joint lawsuit against the White House, claiming that Trump's actions are unconstitutional and waste the skill and courage of transgender soldiers. Following this lawsuit, ACLU, along with Covington & Burling LLP filed a lawsuit against an infringement of the equal protection granted by the Constitution. By discriminating against transgender people, the government potentially puts these soldiers into an precarious situation with their future careers and lives.

Update (Saturday September 2): A series of new articles from the Washington Post and a few other sources have clarified that Mattis did not freeze the transgender ban against Trump's orders. Trump himself had ordered the freeze to allow for more research to be done on how to implement his plans, and to possibly allow for Mattis to gather enough information to convince Trump to drop his proposition.  Mattis was simply following orders.

Discussion Questions:
Should transgender people be allowed to join the military? Why or why not?
Should sex transitioning surgery be provided to transgender soldiers who want it in the military? Paid for by the government?
Is/ Should compromise (be) possible between the move to bar of transgender soldiers and the current rights transgender soldiers have now. If so, what stipulations would you suggest?

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Fun fact: Mattis has no spouse, children, or television.

5 comments:

Unknown said...

I think that the main priority of the military should be efficiency and strength because if our country is in a time of war the least of our concerns should be whether we treat all groups fairly, it should be the very survival of our nation. That said, if there is a group of people that is creating a substantial financial burden, and especially if that group represents such a small minority of the US population (less than 1%0, then it would be reasonable for the military to not take in people from this group as the cost to maintain them would be greater than their contribution to the military. It would be like spending $5 to make a product and selling it for only $4, resulting in a loss of profit. However, I don't see why a transgender person would require more money being spent on them. Being transgender only means that a person's gender identity does not match their biological sex, and to my knowledge people like this do not require special medication or anything like that which would cost the military money. I do not think that the military should pay for their gender reassignment surgery because this is not 100% necessary for their survival/health. Trans people can perform just as well without the gender reassignment surgery than with it. I do not see why transgender person would cost more to take care of than a cis person as gender dysphoria is not a disorder which requires medical care. That said I think that transgender people should be allowed in the military because I dont see any reason why their presence would be any sort of burden.

Anonymous said...

I agree with John. Being transgender doesn't necessarily mean they need medication or surgery, transgender simply means their gender identity isn't their birth sex. Therefore, I don't believe having transgender individuals in the military is a huge issue. I also don't believe the military should be responsible for medication or surgery for transgender individuals. Although it is true that healthcare is provided in the military, transgender individuals who do not have surgery performed can physically function as well as any other individuals. If the military were to provide such, I think transgender individuals would take it for granted and join the military solely for the surgery rather than for their own passion and interest in the military.

Unknown said...

There are plenty of careers in the military that shouldn't be impacted by the transgender situation of the people serving, many of which are similar to any other jobs outside the military. Whether the military personnel's possible surgery costs should fall under the government provided healthcare coverage is another issue entirely. I think that healthcare should be privatized anyways.

Anonymous said...

It is dumb that the military is going to section off a group of people that could serve as soldiers in the Transgender community. While there are other jobs that do not require fighting, it eliminates them on a front where they could provide a difference. It seems pretty illogical to get rid/kick out a general out of the army because he/she is trans. Like what Serena said, I don't believe that it is that big of an issue that one's fellow soldier is trans if they are good and there to serve our country. I also agree with everyone above that the military should not provide transgender people because it is not necessary for survival. If he/she wants to get it, they should pay for it with their own money, not the government's money that could be used for other things.

Anonymous said...

While I agree with most of the comments above I would like to mention as an actual, real life trans person who's considering a career in the Navy, for many trans people sex-reassignment surgery or hormone therapy is necessary for their mental health. If the government can spend the money on Viagra for soldiers that it does, it can spend the fraction of that budget on trans healthcare.