By Karan Kochhar
A system of checks and balances was incorporated into the Constitution of the United States of America (US) so that no single branch of government could potentially consolidate its power over the other two branches. For instance, the Judiciary has the power to block an executive order if it deems that the ruling violates an existing law or is unconstitutional.
Donald Trump blocked
On Monday, a second federal judge on Monday blocked Donald Trump’s directive barring military service by transgender troops. Judge Marvin J. Garbis of Federal District of Maryland, labelled the ruling as “capricious, arbitrary, and unqualified.” The injunction halts a policy that can affect thousands of recognised transgenders already serving in the US military and those who want to enlist.
Last month, a similar ruling by Judge Colleen Kollar-Kotelly, passed an injunction stating that the ban violated the constitution. However, Judge Gabris’s judgement specifically blocked the administrative policy prohibiting gender reassignment surgery for a transgender member at the government’s expense.
Trump’s flawed rationale
In July, Donald Trump said that the US government could not afford to bear the medical cost of transgender troops and would hence not allow them to serve in any capacity in the US military. A presidential memorandum that was released in August stated that all transgender troops will be discharged from their duties.
However, Trump’s rationale for barring transgender troops is based on incorrect figures and facts. A study by the RAND (Research and Development) corporation found out that providing health care to an estimated 2,000 to 11,000 active duty transgender service members would cost the government $2.4 million to $8.4 million, an estimated 0.1% increase in the military budget. The study also suggested no impact on the operational effectiveness, unit cohesion or on the readiness of the military by the inclusion of transgender troops.
Impact of the ban
In June 2016, the then defence minister Ash Caster announced that transgender people would be allowed to serve in the US military service. This meant that the serving transgender troops would not have to hide their identity and that transgender citizens could enlist as well. However, the last six months have been tumultuous to say the least. From Trump’s ban to the injunction on the ban, the transgender community has been left in a limbo.
Judge Gabris pointed that the even though the injunctions have been passed on ban, the damage has already done. Several hundreds of transgender troops were said to have their surgeries cancelled or postponed and their promotions lost with the social stigma attached to their names. Although such facts paint a gloomy picture for the transgender troops, the Justice Department is determined to follow up on the court’s ruling and evaluate the next steps to implement the ban.
The limbo of transgender troops
The system of checks and balances intended to limit the reach of the head of Executive provides a glimmer of hope to those who are affected by the erratic President. The Judiciary challenged Donald Trump’s ‘travel ban’ on its constitutional validity and was blocked by federal judges on three separate occasions. The ill-conceived ban on transgender troops is headed for the same turn of events.
Arguing that the policies are discriminatory, the American Civil Liberties Union filed a suit against the ban on behalf of six serving members of the US military. However, the fact remains that the transgender lives were side-lined. The ban had impacted serving members of the transgender community and demurred those who wished to apply.
A career in the US military requires a lot of commitment and while injunctions on the ban offer hope, the members affected by it are left in a state of uncertainty. This intermittent condition requires a quicker resolution on the issue.
Featured Image Credits: Visual Hunt
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