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Implementation

Navy: There Isn’t any Reason for the Trump Transgender Ban, but We’ll Try to Make It Look More Fair Than It Is

by Palm Center | August 6, 2019

Vice Admiral Michael Gilday, just confirmed to be the new Chief of Naval Operations, was extremely clear in his testimony (at page 56) to the Senate about whether transgender military service and, more specifically, service by people who transition gender before or during service, has had any impact on readiness: Q: In your experience, has […]

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Propaganda Principles: The Bigger, the Better

by Palm Center | July 29, 2019

The House of Representatives recently passed, on a bipartisan basis, an amendment to the 2020 National Defense Authorization Act that would prohibit discrimination in eligibility for military service and treatment while in military service. Modeled on President Harry Truman’s 1948 executive order to desegregate the military, the amendment, if enacted, would be the first time […]

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Reverse Engineering Bogus Rationales for Discrimination

by Palm Center | July 8, 2019

The Department of Justice is now citing the transgender-military and Muslim-ban cases as authority in the census case, in support of the argument that it should be allowed to reverse-engineer new justifications for discriminatory policy when its rationalizations fail the first time, and also cut off any discovery into the old justifications.  This tactic of […]

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Something Less Than a “Win” for Transgender Troops

by Palm Center | June 19, 2019

Every Positive Aspect of the Opinion Comes With a Poison Pill That Could Make It Meaningless. The Ninth Circuit Court of Appeals has issued an opinion on transgender service that was partly unexpected, given that the Supreme Court had already stepped in to let the Trump ban take effect for now, while legal challenges proceed. […]

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The Transgender Ban’s “Grandfather” Clause Has Already Failed

by Palm Center | April 21, 2019

There ought to be some rational explanation for why Map Pesqueira, a transgender cadet already enrolled in ROTC, was dismissed despite DOD’s promise to protect people currently in officer training from the ban. But there isn’t a rational explanation. The ROTC policy failed, and DOD is holding firm in refusing to explain (or simply not […]

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