Judge blocks implementation of Trump’s transgender military ban

*This is being reported by The Hill.

A federal judge on Tuesday indefinitely blocked implementation of President Trump’s executive order effectively barring transgender people from serving openly in the military, a stark blow to the administration’s efforts to curb transgender rights. 

U.S. District Judge Ana Reyes, an appointee of former President Biden, barred Defense Secretary Pete Hegseth and other military officials from implementing Trump’s order or otherwise putting new policy into place effectuating it. She also said the plaintiffs’ military statuses must remain unchanged until further order of the court.  

The judge said her order intends to “maintain the status quo” of military policy regarding transgender service that existed before Trump signed the order titled “Prioritizing Military Excellence and Readiness.” She stayed her order until Friday to give the administration time to appeal.  

“The Court knows that this opinion will lead to heated public debate and appeals,” Reyes wrote in her opinion. “In a healthy democracy, both are positive outcomes.”

Six active service members and two individuals seeking to enlist in the military sued the Trump administration soon after the Jan. 27 order was signed, asserting it violates their constitutional rights. Two similar lawsuits are moving through the courts. 

Trump’s order suggests that transgender people cannot “satisfy the rigorous standards necessary for military service” because they threaten the lethality of the armed forces and undermine unit cohesion, an argument long used to keep marginalized communities from serving.

“A man’s assertion that he is a woman, and his requirement that others honor this falsehood, is not consistent with the humility and selflessness required of a service member,” the executive order states. 

Reyes wrote in her opinion that the president has both the power and obligation to ensure military readiness but noted that leaders of the armed forces have long used that justification to “deny marginalized persons the privilege of serving.” 

“‘[Fill in the blank] is not fully capable and will hinder combat effectiveness; [fill in the blank] will disrupt unit cohesion and so diminish military effectiveness; allowing [fill in the blank] to serve will undermine training, make it impossible to recruit successfully, and disrupt military order,’” Reyes wrote.  

“First minorities, then women in combat, then gays filled in that blank,” she continued. “Today, however, our military is stronger and our Nation is safer for the millions of such blanks (and all other persons) who serve.” 

A 2016 RAND Corp. study commissioned by the Pentagon found that allowing trans individuals to serve in the military had no negative impact on unit cohesion, operational effectiveness or readiness. 

During several hearings across multiple weeks, Reyes tore into Justice Department lawyers over Trump’s order and Hegseth’s policy effectuating it, which was set to go into effect on March 26. 

A Department of Defense memo dated Feb. 26 said individuals with a “current diagnosis or history of, or exhibit symptoms consistent with, gender dysphoria” are not fit for military service. It added that the Pentagon recognizes only two sexes, male and female, in compliance with another Trump executive order, and requires service members to “only serve in accordance with their sex.” 

Reyes noted that symptoms of gender dysphoria could “mean anything,” from “cross-dressing” to mental health conditions like depression, which are also common among members of the military who do not identify as transgender. 

“How can I say that a policy is limited, when on its own terms, it could include almost any transgender person?” the judge asked Justice Department lawyers during a March 13 hearing. 

Department of Justice (DOJ) lawyer Jason Manion argued that judges must accede to the “current” military, not those under the leadership of past administrations. 

“You defer to the military,” he said. “You do not reassess the evidence they are doing.” 

Nonetheless, the judge questioned the Defense Department’s use of “cherry-picked” studies to back up its new policy, which she said were “totally, grossly” misrepresented by Hegseth. 

In her ruling Tuesday, Reyes pointed to that lack of evidence as reason to take a different course.

“Yes, the Court must defer,” the judge wrote. “But not blindly.” 

At an earlier hearing last month before Hegseth’s policy was announced, Reyes sparred with DOJ lawyer Jason Lynch over the breadth of Trump’s order, suggesting it amounted to “unadulterated animus” backed up by little evidence. 

She directed Lynch to sit down and purported she would ban all graduates of the University of Virginia School of Law — his alma mater — from appearing before her because they’re “liars” and “lack integrity,” terms mimicking Trump’s executive order. 

“Is that animus?” she asked, calling Lynch back to the podium. 

Following that hearing, the Justice Department filed a complaint against Reyes accusing her of misconduct. Attorney General Pam Bondi’s chief of staff, Chad Mizelle, claimed the judge sought to “embarrass” Lynch with her hypothetical scenario. 

Another seven transgender service members, backed by two LGBTQ civil rights organizations, are challenging Trump’s order on transgender troops in a separate lawsuit filed earlier this month in Washington state. Two more active-duty members challenged the order in a suit filed Monday in New Jersey.

In a statement, Jennifer Levi, senior director of transgender and queer rights at GLBTQ Legal Advocates & Defenders, one of the groups representing the plaintiffs at the center of Reyes’s ruling, said Tuesday’s decision “speaks volumes.”

“The Court’s unambiguous factual findings lay bare how this ban specifically targets and undermines our courageous service members who have committed themselves to defending our nation. Given the Court’s clear-eyed assessment, we are confident this ruling will stand strong on appeal,” Levi said.

The megachurch led by a pastor closely associated with Trump settles a case involving allegations of covering up sex abuse.

This blog originally appeared at LGBTQ NEWS.

The church reportedly delayed a police investigation and then harassed a member after her child was sexually assaulted.

Gateway Church, an evangelical megachurch located in Southlake, Texas, has reached a legal settlement concerning allegations that five church pastors and a youth leader covered up a child sexual assault perpetrated by another church member. The pastors reportedly failed to report the assault to law enforcement or the child’s mother, delayed investigating the incident, and subjected both the victim and her mother — devoted church members — to punitive measures.

This settlement follows the recent resignation of Robert Morris, the church’s founder and a former member of Donald Trump’s evangelical executive advisory board. Morris stepped down shortly after publicly acknowledging that he had molested a 12-year-old girl during his tenure as a 20-year-old pastor.

In August 2020, an unnamed mother filed a recently settled lawsuit on behalf of her daughter. According to The Christian Post, both frequently attended worship services, church-sponsored functions, and participated in various ministries. The alleged sexual assault by an unnamed church member took place around March 14, 2018, at the member’s residence.

The recently settled lawsuit, filed in August 2020 by an unnamed mother on behalf of her daughter, detailed concerning allegations involving Church youth leader Logan Edwards. Edwards reportedly learned of the assault from conversations with the alleged assaulter and two other young church members, as stated in the lawsuit. Despite this knowledge, five church pastors — Kelly Jones, Rebecca Wilson, Samantha Golden, Mondo Davis, and Sion Alford — allegedly took no legal action. They reportedly spoke multiple times with the accused member and their parents but did not file a formal complaint with child protective or law enforcement agencies, nor did they inform the victim’s mother about the alleged assault.

“When the mother discovered the assault, she reported it to the Haltom City Police Department,” the lawsuit stated. Subsequently, the pastors allegedly engaged in efforts to conceal, distort, and discredit the assault accusations during the police investigation. This purported concealment, according to the lawsuit, allowed significant evidence of the alleged criminal assault to degrade, hampering law enforcement’s ability to conduct an accurate investigation.

Additionally, church leaders purportedly encouraged Gateway members to ostracize the minor’s mother and removed her from ministries where she had served diligently. As a result, the mother and daughter reportedly experienced profound shame, embarrassment, and emotional distress.

Although the lawsuit sought damages ranging from $200,000 to $5,000,000, the church settled for an undisclosed amount on April 18. The church emphasized it admitted no liability and settled solely to “buy peace,” according to a public statement.

Previously, the church reportedly settled a 2016 lawsuit involving allegations that church leaders destroyed video footage showing a boy sexually assaulting another in the church’s child care program, as reported by WFAA.

Last month, Gateway Church’s founder, Robert Morris, publicly admitted to molesting a 12-year-old girl on Christmas night in 1982 when he was 20 years old and staying with her family. Morris, who was married with a young son at the time of the molestation, is now 62 years old. He resigned shortly after his admission garnered national attention.

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Kansas Constitution does not include a right to vote, state Supreme Court majority says | AP News

This blog originally appeared at AP NEWS.

The Kansas Supreme Court delivered a mixed ruling on Friday regarding multiple challenges to a 2021 election law. The court sided with state officials on one provision, revived challenges to others, and suggested that at least one challenge could be resolved before this year’s general election.

However, the most contentious part of the ruling was the majority opinion on the ballot signature verification measure, which stated that the Kansas Constitution’s Bill of Rights does not guarantee the right to vote. This opinion sparked strong dissent from three of the court’s seven justices.

The ballot signature verification measure mandates that election officials compare the signatures on advance mail ballots with those in voter registration records. While the state Supreme Court overturned a lower court’s dismissal of the lawsuit challenging this measure, the majority rejected arguments from voting rights groups that it violates state constitutional voting rights.

In fact, Justice Caleb Stegall, writing for the majority, said that the dissenting justices wrongly accused the majority of ignoring past precedent, holding that the court has not identified a “fundamental right to vote” within the state constitution.

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The Kansas Supreme Court has ruled that voting is not a fundamental right. What’s next for voters?

“It simply is not there,” Stegall wrote.

Justice Eric Rosen, one of the three who dissented, shot back: “It staggers my imagination to conclude Kansas citizens have no fundamental right to vote under their state constitution.”

“I cannot and will not condone this betrayal of our constitutional duty to safeguard the foundational rights of Kansans,” Rosen added.

Conversely, the high court unanimously sided with the challengers of a different provision that makes it a crime for someone to give the appearance of being an election official. Voting rights groups, including Kansas League of Women Voters and the nonprofit Loud Light, argued the measure suppresses free speech and their ability to register voters as some might wrongly assume volunteers are election workers, putting them at risk of criminal prosecution.

Read More: https://apnews.com/article/voting-rights-kansas-supreme-court-0a0b5eea5c57cf54a9597d8a6f8a300e

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