C_Clayton_Jones
Diamond Member
‘It’s settled law that government actions discriminating on the basis of gender are subject to what constitutional doctrine calls “heightened scrutiny” and in particular that they can survive only if they are “substantially related to important government interests.” In other words, it’s not enough for the government to proffer some explanation that might conceivably explain the rationality of such a law. Instead, the government has to meet a more demanding standard.
[…]
It’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.’
Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional
There is no objective, documented evidence in support of banning transgender persons from serving in the military; such a ban is clearly motivated by ignorance, fear, and unwarranted hatred of those transgender – ignorance, fear, and hate common to far too many on the right.
Consequently, such a ban is devoid of a rational basis, it is devoid of factual support, and it seeks only to disadvantage those transgender for no other reason than being transgender, where Trump’s ban would not pass Constitutional muster.
[…]
It’s well-established that government action rooted merely in animus is unconstitutional. And that’s what we have here, as made clear by the sheer breadth of the ban.’
Why Trump’s Ban on Transgender Servicepeople Is Flatly Unconstitutional
There is no objective, documented evidence in support of banning transgender persons from serving in the military; such a ban is clearly motivated by ignorance, fear, and unwarranted hatred of those transgender – ignorance, fear, and hate common to far too many on the right.
Consequently, such a ban is devoid of a rational basis, it is devoid of factual support, and it seeks only to disadvantage those transgender for no other reason than being transgender, where Trump’s ban would not pass Constitutional muster.