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US Supreme Court Allows Trans Military Ban to go ahead

  • Published in Latest

Justices of the supreme court won’t hear arguments but block lower court orders making one of the most unpopular Presidents in US history's repeated push to ban trans people from openly serving in the armed forces.

The justices, voting 5-4 Tuesday, put on hold lower court decisions that had blocked the administration’s planned ban from taking effect. Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan dissented. Neither side provided any explanation.

The court stopped short of agreeing to hear arguments on an expedited basis, as the administration sought. But by letting the ban take effect, the court gave the administration a "major victory" and hinted the justices ultimately will uphold the restrictions.

Transgender troops have been serving openly since June 2016, when President Barack Obama’s administration began lifting a longstanding prohibition. Opponents of the ban say reinstating it would violate the Constitution’s equal protection clause.

Estimates vary of how many transgender people serve in the military. A 2016 Rand study estimated that between 1,320 and 6,630 transgender people were on active duty. The Mattis report said that since June 2016, about 900 people on active duty have been diagnosed with gender dysphoria -- the medical term for a conflict between one’s physical gender and the gender with which the person identifies.

The report also said that a 2016 survey of the military found that almost 9,000 people identified as transgender.

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Prop 8 to be heard by Supreme Court

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San Francisco – , and at the same time agreed to decide several issues arising out of the passage of Proposition 8. The court’s order, issued in the first three cases that had been filed directly in the state’s highest court challenging the validity of Proposition 8, directed the parties to brief and argue three issues:

(1) Is Proposition 8 invalid because it constitutes a revision of, rather than an amendment to, the California Constitution?

(2) Does Proposition 8 violate the separation-of-powers doctrine under the California Constitution?

(3) If Proposition 8 is not unconstitutional, what is its effect, if any, on the marriages of same-sex couples performed before the adoption of Proposition 8?

The court issued its order in three cases filed on behalf of a variety of parties, including same-sex couples who seek to enter into marriage despite the passage of Proposition 8, a same-sex couple who married in California prior to the adoption of Proposition 8, and a number of cities and counties whose officials seek to issue marriage licenses to same-sex couples. Petitioners in each of these cases seek an order directing the relevant state officials to refrain from implementing, enforcing, or applying Proposition 8.
In response to the petitions, the Attorney General filed a preliminary opposition, in which he urged the court to assume jurisdiction over these cases to decide the important legal issues presented, but also argued that the court should not stay the operation of Proposition 8 pending the court’s resolution of the issues. The proponents of Proposition 8 also responded to the petitions, seeking to intervene as formal parties in the action and also urging the court to accept the cases for decision. The court’s order granted the motion to intervene filed by the proponents of Proposition 8.

In its order, the court established an expedited briefing schedule, under which briefing will be completed in January 2009 and oral argument potentially could be held as early as March 2009.

Six justices — Chief Justice Ronald M. George, Justice Marvin R. Baxter, Justice Kathryn M. Werdegar, Justice Ming W. Chin, Justice Carlos R. Moreno, and Justice Carol A. Corrigan — signed the court’s order, although Justice Moreno indicated that he would grant the requests to stay the operation of Proposition 8 pending the court’s resolution of these matters.

Justice Joyce L. Kennard would deny these petitions without prejudice to the filing in the Supreme Court of an appropriate action to determine Proposition 8’s effect, if any, on the marriages of same-sex couples performed before Proposition 8’s adoption.
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