President Trump’s Trans Military Ban, unconstitutional.
In July of 2017, President Donald J. Trump sought out to ban transgender people from the military. Is President Trump’s ban unconstitutional? Why is it so? A Federal District Court has put a pause on this incident because the ban he had placed is in fact unconstitutional in a way. Making those he banned feel as they were stripped of their Fifth Amendment Rights. President Trump's Transgender Military Ban should be unconstitutional.
Putting a hold on the ban. Federal District Court Pausing the ban for a short while. The Judge temporarily blocked the barring of Transgendered people from enlisting into the military, basing it on “disapproval of transgender people in general” There is absolutely no support for the claim that the ongoing service of transgender people would have any negative effective on the
…show more content…
The Fourteenth amendment states that all people born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No state shall make or enforce any law that shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the
It is obvious the Republican Party has no brains. If they elect Donald Trump to run for president, they are going to lose big time. They can blame themselves for being so stupid. The establishment runs the Republican Party. They are the ones who lose major elections. The leadership of the Republican Party shifts the blame to conservative wing of the Republican Party; however, it is the moderate wing of the Republican Party who loses elections. Does John McClain ring a bell? If the Republican Party hopes to win the presidency, they must run a conservative or face another trouncing in the next election. It is that simple. Therefore, the Republicans had better wake up fast if they want to
The Fourteenth Amendment was ratified in 1868 and stated that “all persons born…in the United States, and subject to the jurisdiction thereof, are citizens of the United States and the State wherein they reside.” The Supreme Court case United States v. Wong Kim Ark first recognized the doctrine of birthright citizenship. In this case, the defendant argued that because he was a citizen of the U.S. because he was born in California and had lived there for twenty-one years. The U.S. District Attorney argued that while Wong Kim Ark may have been born into the U.S., he was not subject to its jurisdiction since Worn Kim Ark, through his Chinese parents, were subject to the emperor of China. Not persuaded by this argument, the U.S. Supreme Court held that children born in the U.S. to resident aliens are U.S. citizens, which created the concept of automatic birthright citizenship. This concept has been debated within the U.S. Supreme Court and in different levels of the judiciary system, but to this date there is no comprehensive approach on solving the ambiguity of what constitutes a ‘natural-born’
The 14th Amendment to the Constitution of United States addressed the issues related to citizenship of the country and their fundamental rights for equality. This amendment is regarded as one of the most significant clauses in the US constitution since it provides the definition for citizenship, deals with the rights of the US citizens, and defines the state’s obligations to protect the rights of its citizens. This amendment was passed in the year 1866 by the Congress following the Civil War. The primary goal of this amendment was to provide equal civil and legal rights to all US citizens, including the African Americans. The citizenship clause in this amendment attracted lot of attention and debates owing to its far-reaching impacts on the citizenship status of various communities and immigrants who are staying in the country. This amendment was an important part of the reconstruction program (NALEO, 1).
As there is nothing in our law that denotes the definition of gender, judges have relied upon stereotypical assumption to make their decisions. It was not until 2004 that the court system addressed this problem. In the case of Smith v. City of Salem, a trans woman firefighter was targeted with oppressive compliances to convince her to quit or be fire after coming out privately to her superior that she planned to pursue sex reassignment surgeries. Smith filed suit for sex discrimination, which was defeated in its first court appearance but won its appeal. The interesting part about the first ruling was that it stated how transgender discrimination works, and that it did not fall under Title VII’s current verbiage, which was why the case was ruled against Smith. While the appeal overruled the ruling, withdrawing the opinion, the original dictated a possible definition to be
The Fourteenth Amendment was adopted in 1868 as one of the longest amendments to the Constitution with five parts in total. The most significant part is section one. In the very first sentence of section one, ? All persons born or naturalized in the United States and subject to the jurisdiction thereof, as citizens of the United States and of the state where in they reside? citizenship was universalized. The Amendment was designed to prohibit state governments from curtailing the rights of former slaves after the Civil War, however it has been used to grant all of the personal liberties and rights conveyed in the Bill of Rights.
When a transgender person uses the bathroom that corresponds to their gender identity, it boosts well-being. It is legal to for transgender individuals to use whichever bathroom they feel to be is more beneficial. Many schools and states are trying to appeal this law. When the South Dakota House of Representatives were faced with the option to veto this law they chose to keep the law in place (“South Dakota House”). New York has also reinforced transgender individual’s right to choosing a bathroom (“New York mayor”).
Early April 2016, North Carolina passed a law restricting governments from passing laws that are discriminatory. This law is intended to protect Transgender people from discrimination. Discrimination against Transgenders is against the law, and it has stirred up arguments throughout the nation. With more and more people standing up against discrimination regarding Transgenders, the debate about Transgenders is now nationwide. Unfortunately, Transgenders still continue to face public discrimination due to misinformation and misleading statements from the media.
Transgender people are discriminated against due to a variety of reasons. We will look at how being transgendered in prison affects their right to health care, how health care laws are changing for people who have transgender identity disorder (GID) and how the Eighth Amendment is changing the care they receive while they are incarcerated. Without the right to receive hormone therapy, that they would otherwise receive on the outside, they risk having both emotional and physical issues.
Does the banning of transgender people using the bathroom that identifies with their gender affect their rights? Recently there have been incidents of inequality and discrimination in our country, including the transgender community. Having friends who are a part of the LGBT community it is hard to hear about the discrimination they go through. About 2 years ago I received the news that my friend would start the transitioning process from male to female. This was unexpected news, but she has my full support. Having my friend in the process of transitioning brought interest to me. Therefore I wanted to do more research on the new law in North Carolina involving transgender people. Stated in the new law that recently passed in North Carolina also known as House Bill 2 (HB2) “The law prohibits transgender people from using public bathrooms in schools and government facilities that don 't match the gender on their birth certificate”(EDIT8). This prohibits transgender individuals from using the
When an individual identifies themselves as transgender, it means that they feel that their biological gender does not match with their psychological gender. To put that into a simple man’s term, the individual feels they “were born in the wrong body”. For example, a man feels that he was meant to be born a woman and vise-versa. It does sound rather unusual, but why should that matter? An individual should be able to make his or her own decisions about how they live their life. Unfortunately though, not everyone feels the same way about this. That is how the controversy is created. This is why transgender rights should be strengthened in America not only because it is morally correct, but also because it would ease the lives of the people within this group, reduce the discrimination and harassment rates of transgender individuals, and help establish awareness.
Birthright citizenship is the law that anybody born on American soil is automatically a natural-born citizen with rights and privileges regardless of the citizenship status of the parents. To some this is an issue known as immigrants making “anchor babies.” An anchor baby is an offspring of an illegal immigrant, who under legal interpretation becomes a United States citizen. Some republican politicians aim to change the 14th Amendment that grants citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the state wherein they reside.” The interpretation of this amendment has caused many controversies but overall, birthright citizenship should remain
As both "conservatism" and "liberalism" have had various meanings sooner or later and transversely countries, the word liberal conservatism has been used in relatively different sanity. In political science, the word is used to pass on to ideologies that merge the support of capitalism, for instance value for contracts, protection of private property and free market require reference to validate with the principle in natural discrimination, the significance of religion, and the worth of traditional integrity need reference to validate in the course of a construction of inadequate, legitimate, representative government (Abdou & Zaazou 2013). It contrasts with traditional liberalism and particularly aristocratic conservatism, rejecting the belief of correspondence as a little in discordance with human nature, instead emphasizing the thought of natural inequality (Crozier. 2012).As the conservative thought in democratic countries hold typical liberal institutions such as the rule of law, private property, market economy, and constitutional representative government, the liberal factor of liberal conservatism
Living in America, discrimination is something that has always been present in the American culture. Discrimination can come in many forms, and effects many associated with it. Although many communities have been discriminated against, the LGBT community is one who has experienced some of the harshest hatred in America. Amongst the LGBT community, members who are transgendered often get the most back lash for expressing their sexuality. Discrimination is something the transgendered community knows all too well. Many people seem to have problems with the fact that most members of the Transgender community perform either the sexual reassignment surgery to turn them into the opposite gender, or they get
Florida’s, Texas’s and Kentucky’s new proposed bathroom laws have “caused fear and dismay among transgender people around the country” (Tannehill). Kentucky laws are more focused on the school systems but Florida 's and Texas’s laws treat transgenders as if they were criminals. Both of these states have regulations that will give transgenders civil and or criminal charges for using the bathroom they identify with (Tannehill). A transgender could be charged a fine for using the wrong bathroom and “people who report a transgender people in the bathroom to claim civil damages, for example a bounty” (Tannehill). Florida and Texas are trying to look out for the best interest of the majority population, however, “we all have to use the bathroom, but these laws would seemingly force transgender people to choose between fines and jail, risking horrific violence or leaving the state” (Tannehill). These laws have been seen as unreasonable to the transgender community and have been fought by the ACLU lawyer Joshua Block, “We’re talking about people who also have their sense of privacy and modesty, and who are not going to want to have everyone see an anatomical part of themselves that they feel should never have been there in the first place,” (Marcus). It has also been found that it’s illegal for employers to carry out such rules, “The Equal Employment
Transgender people have had very rough history, even now they’re still going through oppression. They’ve been seen as “not normal,” blasphemous, and even confused. Now they’re being banned from the military because of how “expensive” their medical bill is. Transgender people are already in the military, and they don’t plan on a letting a ban stop them. They’re in the military doing what they love just like everyone else, serving the country they love. Why should they have to be banned if they’re fighting for their country? It’s a boggling experience for transgender people.