"Therefore, any attempt to exclude them from military service will be looked at with the highest level of care, and will be subject to the Court’s ‘strict scrutiny.’ This means that before Defendants can implement the Ban, they must show that it was sincerely motivated by compelling interests, rather than by prejudice or stereotype, and that it is narrowly tailored to achieve those interests."
From "Judge: Transgender People A Protected Class, And The Military Can’t Enact Trump Ban" (HuffPo).
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११२ टिप्पण्या:
The fucking retarded insanity continues.
I believe under this logic gun owners would also qualify as a protected class.
As well as conservative students.
Forced to live in silence? Really? Does the court have a TV?
Pedophiles are next.
This judge should have written "Fuck the Constitution. The judiciary is writing the laws now, bitchez."
Also, people over 40 and the disabled must now be given combat positions, extending this illogic.
This is how you get more Trump.
Why stop with transgender homosexuals, bisexuals, transvestites, crossovers, etc.?
"=" is a political congruence and a violation of equal rights.
That said, the neo-females (i.e. feminine males) are competing and beating the females in physical competition. It seems that there isn't a place for women in a liberal gendered world.
and that they lacked relative political power.
One person was not allowed one vote?
This little throw-away line is how they plan to keep other bullied parties from claiming similar benefits for themselves. All the people not liked by the left are "powerful" and thus do not deserve similar court-ordered protection.
They should just exert their political power at the ballot box. Unless they win, and their vote will be #resisted.
Because mentally ill people have long been subjected to systemic oppression ....
Because white racists have long been subjected to systemic oppression....
Because rapists have long been subjected to systemic oppression....
I suppose it could be enacted with strict scrutiny in mind - the daily doses of mood-altering hormones and surgery would make the member non-deployable. The compelling interest would be the logistics of supporting the member would place an undue burden on the unit and harm readiness and combat capability.
The retards are oppressed too.
Why stop with transgender homosexuals, bisexuals, transvestites, crossovers, etc.?
Congress is very much hated. Congress was unable to exert it's political will, even through policies like repealing Obamacare which were expressly advocated by the majority party.
I now see why Congress exempts itself from every law it passes. It is a protected class.
Fortunately they have a lot of judges.
I have stuttered all my life and know what it means to live in silence (seriously). Where's my protected class? (--Not that I really want membership...)
And what the heck is a "protected class"? I thought that was reserved for snail darters and snow leopards.
It is worth noting we are talking about behavior, not skin color. Who gets to decide which behaviors are more equal than others?
Pedophiles are next.
Pedophilia is a trans-social orientation today, and a socially progressive construct tomorrow, maybe. Is the pedophile minority politically convenient, politically profitable? In other words, can their cause be exploited to create leverage.
The transgenders will take all the women's jobs from them.
It's the athletic competition thing.
Child sex robots will lead the way.
we are talking about behavior, not skin color
Diversity is a rainbow spectrum that includes (and excludes) color, sex, gender, and expression, and may, or may not, be an innately gendered physiological or mental (e.g. sexual orientation) trait. It depends on what "consciousness" is.
Courts almost never give Strict Scrutiny to Second Amendment claims - and when they pretend to do so, they then “satisfy” the test with assumptions and cotton candy.
But Trannies in the Army? Sure, why not? How about Midgets, people with Bi-Polar Disorder, Hunchbacks, Amputees, Flipper Babies and every other mutant or maimed person? All have been subject to historical discrimination, so all are protected, and thus all should have the “Right To Serve” (pardon the cognitive dissonance in that phrase).
Dear Justice Fuckhead - Pick up and M-4 and a rucksack, or shut the fuck up.
Sincerely,
American Taxpayer.
I think it is time to get these judges suited up and on a plane to Syria or Afghanistan.
If they think they know what is best for the army they can have the job of protecting the country for a few days.
After they are all dead we can go back to letting the Army do it's job.
We could play Reductio ad Absurdum with this all day.
Child sex robots will lead the way.
An ambiguous and short-term solution at best. Just wait until there is a demand for inclusion and they acquire political congruence.
Finally women who can carry a full field pack.
Reductio ad Absurdum
Monotonic. Absurd? It depends on how its qualified. Some of the most forward-thinking regimes have been monotonic, until their progress was aborted with prejudice and overwhelming force.
“We could play Reductio ad Absurdum with this all day.”
Why fucking bother? No matter how absurd we get, the Retards in Robes will get there first.
Fuck it, time for the National Divorce and/or Civil War. This monstrosity has become ungovernable.
transgender/neo... women who can carry a full field pack
Feminine, yes. Female, no. Woman? Perhaps as a political or social construct.
Tommy Duncan;
"Protected class" and "strict scrutiny" are critical jargon in Constitutional interpretation. The kinds of definitional phrases that practically determine case outcomes.
5th and 14th Amendment "due process" and "equal protection" cases trigger that analysis.
It is altogether new an unprecedented to describe transsexuals and homosexuals as a protected class, and in the series of decisions including Lawrence, Windsor and Obegefell, even Justice Kennedy feared doing so.
There'd be good reason for this to get overturned by a Circuit Court. Coming out of Washington state, the 9th Circuit is not the Circuit for that particular job.
This is why the ONLY thing I care about Trump doing is appointing judges.
Can I be legally considered transgender by publically saying I am?
Chuck, thanks for the explanation.
So my dream of being the first stuttering air traffic controller at O'Hare is still alive? What could go wrong(e)?
Is that a real thing? A Protected class?
Who else is in a protected class?
Oppression means requiring (biological) men or women to dress like men or women, as defined by biology and custom, is that correct?
Why not just cut to the chase. Anyone who ever got their feelings hurt is now a protected class.
This is great news! We coulda used transgendered warriors to storm the beach in Normandy and defeat Hitler during WWII.
Oh, wait....
The legal system is broken. Has been for decades. No one seems to care. at least no one with the power to do anything about it. If the law doesn't apply to certain people, groups, or institutions, then those of us who are subject to it, simply say fuck it, fuck you.
This simply can't go on. If members of the legal profession are incapable or unwilling to resist this insanity, then the coming divorce won't be amicable at all.
@Chuck. thanks for that explanation. The courts have become so political, it is organized insanity. Either the Constitution, and the law, applies to everyone, or it applies to no one.
If these bastards keep pushing this, it will not end well at all.
How can a "class" that did not exist until the year before last "long" have been subject to "systemic oppression"?
There are two Americas. One where you are a member of a protected class, and one where you are not.
Okey Dokey. Our Judicial Overlords have spoken.
After all, if Sodomy is a constitutional right, why not transgenders?
I assume this will be appealed to the SCOTUS, and King Kennedy will decide what the US Military can do
-because its THE CONSTITUTION!
I always love how people bitch and moan about judges.
But NEVER look at the root cause, which is judges ruling on things they have no right to rule on.
This isn't what the founding fathers wanted or wrote in the Constitution.
But of course, getting anyone to actually do anything about it... forget it.
Its Chinatown Jake.
“We could play Reductio ad Absurdum with this all day.”
Since we are talking about behavior, should nose pickers be in a protected class?
Nail biters?
Obsessive compulsives who wash their hands 30 times a day?
Mumblers?
Pedophiles?
The absurdity does come easily.
holdfast -
When I went through the ROTC program years ago, our TRADOC complement had a SGT who was 4'2" or so, with his boots on. Apparently, well, according to rumors, he had received a special waiver from Reagan to enlist. Family friends of Nancy the story went. No issues, he knew his business, and was in a situation where his height wasn't an issue. He was one of the more popular instructors, with both cadets and the assigned officers.
This isn't what the founding fathers wanted or wrote in the Constitution.
Everything changed with the Twilight Amendment, selective, opportunistic, and congruent, and the establishment of the Pro-Choice Church.
If Congress can't impeach rogue judges, can't they at least de-fund them into retirement?
The end is in sight.
Not too far away is that future where there will be but three breeding pairs of humans in what was once the United States. They will be defended by autonomous military machines, branded by Google, or maybe Amazon. The humans won't own either Google or Amazon, these entities will be held in trusts with no beneficiaries, managed by AI's. The military machines will be built in automated Chinese factories. There will be no humans in China.
What's the big deal?
Once you let in the gays then every other perversion is acceptable.
Pedophiles. Bestiality. Necrophliacs.
They all have equal rights to practice there perversions.
Notice carefully the wording "Transgender people have long been subject to systematic oppression...they are a protected class".
It's almost like Marxism gone mad, isn't it? Does systematic oppression give its victims "consciousness" (in the Marxist/post-Marxist sense)? How about non-systematic oppression? Are there "classes", in need of protection or not, at all before they experience "systematic oppression"? Or, does oppression create them?
It's amazing how theories from Critical Law that liberals like to pretend has no existence or bearing outside of weirdo professors at Law Schools are now getting mouthed routinely from the bench.
What CAN you do about an absurd judge?
Really, that fellow is just a reflection of his local population. An even more absurd, moribund people.
The 30,000,000 surplus Chinamen will our shit straghtened out.
Apparently, the government protects some citizen and not others, with white males being the only unprotected class left. That seems like oppression to me. Government oppression and systematic discrimination of a group based on sex and race. Our principles are in tatters.
Exactly who defines what is Transgender? That is the problem from a legal POV I would think.
Perhaps the transgender should submit to a Government bureaucrat to determine this. The Federal Office of Aheteronormative Determination. I think it could employ maybe 1000 people. Jobs!!
I'd buy the T-shirt the agency sells, at least.
If you have breeding-age children or grandchildren, I suggest that you suggest they move to some land that is behind the curve, some greater social distance from the exterminating social sickness that is about to wipe you out.
Those three breeding pairs of humans will STILL not be able to afford homes in San Francisco. All of these will be held in trusts under management by AI's.
I want to know if Trump and Mattis cleared the attack on Syria first with an Article 3 Judge in San Francisco or Portland.
War Powers Act, doncha know.
Even our current integrated (M/F) military does not allow men and women to shower together, but that is what you get when you allow trans to enlist. This destroys discipline and morale. Also, if they are undergoing transition or are on hormone therapy (which is for life by the way) they are not deployable (because you can't get your hormones while out on patrol) and cost a bundle. Those sound like legitimate reasons to me, but of course judges always know better.
It is like the immigrant thing: the "ban" only required extra scrutiny from certain countries known to harbor terrorists, it did not ban any one. It appears judges can't read.
Calling it a "Trump Ban" is itself a lie.
It's been a ban that's been in place under every POTUS for generations.
Progressives lie about everything.
Everything.
“This isn't what the founding fathers wanted or wrote in the Constitution.” Actually, this is EXACTLY what the Founders wrote into the Constitution. As to whether ITS what they WANTED, that’s irrelevant. Words count. And so do INTENTIONS. But it’s the intentions encapsulated in the Preamble that count more than some founders’ intentions. We’re getting exactly the government Madison and Hamilton wrote for us.
They should probably be force bused to the front lines.
The entire notion of a "protected class" is repugnant to the idea of equal protection under the law. The anti-discrimination movement may have started out to prevent discrimination on the basis of obvious external characteristics like race and gender, but it hasn't even taken two generations to where judges are making up protected classes where membership is determined only by self-declaration. Looking forward to some judge declaring people have the right to legally change their species identification in the next 10 years or so.
The class of trans-genders is made up of those who say they are. Anyone wishing to do so can enter the class by visiting a therapist and obtaining a doctor's note as it were. People can also exit the class, which creates the absurdity of someone who wasn't a protected class, then became one, then isn't again. Frankly, looking in the mirror and not being able to accept what's seen there as one's identity is properly called a mental illness.
This isn't a whole lot different from someone thinking they're too fat when they're not, thinking they're a famous person from the past (nobody oddly enough ever seems to claim they are an unheard of Middle Ages peasant), any of the numerous people claiming they're Jesus, or any other identity-based delusion. The difference is this one society is much too over-eager to indulge in.
n.n said...
Pedophiles are next.
Pedophilia is a trans-social orientation today, and a socially progressive construct tomorrow, maybe. Is the pedophile minority politically convenient, politically profitable? In other words, can their cause be exploited to create leverage.
Nope. Necrophilia, the classic victim-less crime.
Let's poke normal people in the eye!
Much more fun than getting a life.
Blogger Fritz said...
n.n said...
Pedophiles are next.
Pedophilia is a trans-social orientation today, and a socially progressive construct tomorrow, maybe. Is the pedophile minority politically convenient, politically profitable? In other words, can their cause be exploited to create leverage.
Nope. Necrophilia, the classic victim-less crime.
Those Marines who urinated on their dead enemies...you don't choose who you want to pee on.
It seems to me the Court was saying they really don't have jurisdiction, but ruled they do if they decide to create it out of whole cloth.
Clinton judge. It took some looking to find that out.
9th Circuit so it will be a while getting squelched.
We might have to lose a war to get this cleaned out.
Personal "two daughters" No mention of a male. Turkey baster ?
9th Circuit judge by any chance?
Not an original idea. I believe Iran and Iraq did the same during their ground war some years ago. Put the mentally and physically deficient on the front lines as human sand bags. Two birds, one stone, IMO.
It's stupid decisions like this that reinforces my opinion that many judges are little more than failed lawyers with sufficient political connections to get elected or appointed to the bench. The military exists to protect the country, not to serve as a social experiment for every stupid liberal wetdream. Every decision regarding tge military should first focus on whether or not it will help the military perform its mission. This decision does not help.
Speaking of the 9th Circuit-
Monday they heard oral arguments in Hernandez vs San Jose that found the city could not claim immunity for not protecting Trump rally attendees from being beaten up when leaving.
The city attorney argued that when you attend a Trump rally, you should have an expectation of being beaten up, essentially.
I can't wait to see how they rule.
Every Strike Planning Team must institute quotas to ensure all protected classes are represented in ratio's similar to the civilian populace.
Otherwise, the terrorists will have won.
Once you start declaring trannies a protected, victimized class then all the rightwingers here and throughout the country will start claiming that as their identity.
ROFLMAO!!!!!
Its idiocy like this that may result in Marbury being narrowed in scope by Congress.
Personal "two daughters" No mention of a male. Turkey baster?
A male is mentioned in a 1999 Seattle Times article: "Though she remains passionate about the law, family is also an important part of her life. Photographs of her husband of 23 years, Bill Fitzharris, also an attorney, and her two daughters, ages 13 and 10, sit on a table directly behind her desk."
i looked at this judge's pic; shouldn't it have recused itself?
i mean; having this decision made by a trans seems conflicted
Meh.
1. The strict scrutiny decision will hold up and be a factor in the courts from now on. Fortunately it will only apply to a tiny number of people and will have a minimal effect outside clickbait headlines and blog posts and higher blood pressures for the more traditional among us.
2. The ban on transgender in the military will also hold up. Eventually. The judge punted the decision on the validity of the military claims defending the ban back to the trial court because she couldn't find a reason to deny their authority to make that decision.
She settled for making her place in the glorious history of America's civil rights movement. They'll probably put up a statue. Her image will be rendered in a sexually ambiguous manner.
"A male is mentioned in a 1999 Seattle Times article: "
What a relief ! I wonder why no mention in her Wiki bio.
That lesbian couple that drove their six adopted kids over a cliff proved that the Left knows what it is talking about. Let's give them a chance.
TTR: "Once you start declaring trannies a protected, victimized class then all the rightwingers here and throughout the country will start claiming that as their identity."
Personally, I'm holding out for a cooler protected class to be identified so I can join that.
I've heard that "Bon Vivant's & Men About Town" are next up.
That's the one for me!
Did you know that the ONLY reason missiles are shaped like male organs is due to the Patriarchy and misogyny?
It's true the lefties/feminists tell us! Totally true!
If women hadn't been held back, right now the syrian chemical weapons cool kids could look forward to being struck by uterus-shaped munitions.
But nooooooooooo, it has to be misogynistic missiles loaded down with patriarchal hatred of women!
Little known fact: All US racist misogynistic cruise missiles are fired in pairs. Republican pairs of just one female missile and one "Dukes of Hazard" conservative male missile.
And the conservative female missile only goes where the conservative male missile tells it to go.
And that's why Hillary lost the election.
“This isn't what the founding fathers wanted or wrote in the Constitution.” Actually, this is EXACTLY what the Founders wrote into the Constitution. As to whether ITS what they WANTED, that’s irrelevant"
No it isn't - that's CRAP.
What the district and appeals courts - INCLUDING The 9th Circuit - rule on is ENTIRELY up to Congress. All the Federal Courts - and what they rule on - are a creation of Congress. GO READ THE CONSTITUTION.
Anytime the Congress wanted, they could exclude Abortion, Transgenders, whatever, from the jurisdiction of the lower Federal Courts.
But they NEVER have. Wonder why? Cause the rubes and boobs wouldn't like it? Just the opposite.
Anyway, you can yap-pity yap all you want, but its 5 Justices on the SCOTUS who rule, and if you don't like their decisions, then tough cheese.
I suppose commonsense considerations are out the window?
Luke, common sense is not tolerated in a tolerant society such as ours. The rational has become irrational, the irrational, rational.
Woe unto them that call evil good, and good evil; that put darkness for light, and light for darkness; Isaiah 5:20
"Fortunately they have a lot of judges."
Yep, and also lots of laws. But finding the "right" judge can trump all those laws. Men and women who do not understand that their positions should involve constraint by the law rather than freedom to enact their personal whims.
Did the judge issue a nationwide injunction? That's another bit of the current insanity. Instead of issuing injunctions that protect the parties before the court, judges have started issuing nationwide injunctions that bind the government everywhere even with respect to people not before the court. If I were being snarky I might say that judges have started issuing "laws" rather than judgments. This problem has been brewing for some time, and it seems to afflict both liberal and conservative judges (e.g., the nationwide injunction against Obama's immigration order), although much more frequently the former. I predict the Supreme Court will eventually put an end to the practice, but we probably have several years of anguished law review articles by Constitutional Law scholars and many bad decisions before that happens.
Darrell said "That lesbian couple that drove their six adopted kids over a cliff proved that the Left knows what it is talking about. Let's give them a chance."
The children were all black. I smell a hate crime.
Thank goodness Ritmo is posting tonight.
I heard a homo killed himself to protest global warming.
Thank God It was a different homo.
We would miss him.
The military are on pins and needles about this as it will devastate readiness.
At the MEPS where I work, the enlisted are dreading it.
We assume all the early applicants will be activists "testing the system" and ready to sue at any slight, real or perceived.
The techs are trying to figure out what you do with a unaltered male to female trannie with a group of 17 year old girls who just want to enlist. They are all in their underwear trying to do exercises.
The judge has no idea and doesn't care.
I know the people who have to try to make this work.
prgressives believe the main purpose of government is to provide jobs. These are jobs,
It’s one crazy judge. Give normals on the Supreme Court will uphold the ban.
No one wants to bring back the draft. If the draft is brought back, then gays, transgender and women will be the first drafted to remedy the past discrimination against them. They get the first 50,000,000 slots. The men can sit back and order brides from China and India while the gays, trans, and women do all the fighting.
It seems like a better way for a judge to protect someone would be to keep them away from combat.
But that’s just me.
But I suppose I should take some solace that if unthinkable were to occur and America were forced to actually draft service members there’s a whole list of protected groups that would not be protected.
With rights come responsiblities.
@Levi
The judge knows perfectly well that they will be perennially medically undeployable and would never see combat unless another pet Muslim shrink shoots up another base.
"a super-legislator applies interstitial statute"
A court can act in equity... like a wise Latina
Corporal Klinger no longer a joke but an offense
We are evolving rapidly to someone's utopia
If this has already been addressed in the comments, then I apologize. I have a question for the professor. Can Judges summarily rule that certain categories of humans are a protected class? I thought protected class status was conveyed by legislation. Was I wrong? If so, what is to stop a judge from declaring that illegal aliens are a protected class and must be allowed to vote, run for office, cannot be discriminated against in regards to hiring, etc?
The military are on pins and needles about this as it will devastate readiness.
I think that is the point of the whole exercise. Normies will stop joining the military because they won't be safe, 17-19 year old women will hear about the group of trainees forced to share quarters and showers with a 35 year old "female" with a penis and decide not to enlist. 17-19 year old men will hear about men being propositioned by a "female" with a penis and, when the advance is rebuffed, getting an article 15 or perhaps a court martial because he was accused of discrimination or assault or micro-aggression or something.
When I was in basic training there was a female platoon of trainees in the battalion. We weren't even supposed to talk to any of those women outside of an actual training session. What's to stop a guy, looking across the small square separating the male and female quarters to suddenly decide he is a woman after all? So, he goes to the DI and tells him that he is going to need to get a new uniform issue and move over into the female quarters. Oh, and he is going to need to grow his hair out because the regs state that women cannot have hairdos that are "mannish." At least they did when I was in. Perhaps that's changed. And if he wants to have sex with women? Well transsexual dogma is that he is a lesbian trapped in a man's body. Who. Are. You. To. Judge.
Anyway, I predict the end of womens' sports if this continues.
I hope so, Ron.
No more Olympics either. Or they add a third category.
And it frees up all that Title 9 money.
The physical fitness standards for men and women are different. Will the 35 year old "woman with a penis" have to meet the male or female standards? If gender is just a state of mind, and men and women are exactly the same, except when somebody decides they "feelz" like a different gender, then why have different standards at all?
Your physical fitness test score translates to promotion points. The better you do on the test, the more promotion points you get. Wouldn't it be in the interest of all the male with a penis people to suddenly decide that they feelz like a woman when it comes time to take the PFT?
https://www.youtube.com/watch?v=ZJL4UGSbeFg
We could play Reductio ad Absurdum with this all day.
Don't have to. It's absurd prima facie.
I am strongly in favor of changing the system so that all judges below the SC only get ten year terms, and then have to be renominated and reconfirmed.
They've overreached to the intolerable point, and it is jamming up the system.
I think rulings would be much more tightly based if they knew they were going to face a bit of scrutiny every decade.
I think this is the least noxious possible remedy that best preserves judicial independence. We cannot afford to allow the federal judiciary to become a super-legislature in this manner.
I think this period in liberal activism provides an important lesson for the American people. A judge and a soapbox is all that is necessary to bind the entire populace.
I think this period in liberal activism provides an important lesson for the American people. A judge and a soapbox is all that is necessary to bind the entire populace.
Agreed, tim. But, having learned the lesson, what can we do about it?
Leland Said:
There are two Americas. One where you are a member of a protected class, and one where you are not.
And if you are NOT, you're probably enjoying White Privilege.
Anytime the Congress wanted, they could exclude Abortion, Transgenders, whatever, from the jurisdiction of the lower Federal Courts.
But they NEVER have
The real reason for that? Because Congress-slimes NEVER want to make a hard decision. They will happily punt to judges or regulators. See, that keeps the campaign $$$ coming.
Let me guess, before I look at the article: Ninth Circuit.
(Looks) Western District of Washington. Yup. Ninth Circuit, which is frequently reversed when the Supreme Court gets a look at its cases. Why am I not surprised?
Diogenes of Sinope said...
Can I be legally considered transgender by publically saying I am?
In today's crazy liberal world, you can be anything you identify as. But just because you identify as a bird doesn't mean you're capable of flight.
I hear phallus and clitoris are similar shaped, just shrink or miniaturized.
phallus and clitoris are similar shaped
Men and women are structurally and physiologically congruent.
For purposes of society and fitness, men and women are equal in rights and complementary in Nature, respectively.
Late to this party, but: ‘systemic’ oppression? Systemic: of the system. Does the system oppress trans-people? Did laws or rules have to be changed to prevent such oppression?
The normalizing of gender dysphoria continues.
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