High court lets military implement transgender restrictions

Law Journals

The Trump administration can go ahead with its plan to restrict military service by transgender men and women while court challenges continue, the Supreme Court said Tuesday.
 
The high court split 5-4 in allowing the plan to take effect, with the court's five conservatives greenlighting it and its four liberal members saying they would not have. The order from the court was brief and procedural, with no elaboration from the justices.
 
As a result of the court's decision, the Pentagon can implement a policy so that people who have changed their gender will no longer be allowed to enlist in the military. The policy also says transgender people who are in the military must serve as a member of their biological gender unless they began a gender transition under less restrictive Obama administration rules.
 
The Trump administration has sought for more than a year to change the Obama-era rules and had urged the justices to take up cases about its transgender troop policy immediately, but the court declined for now.
 
Those cases will continue to move through lower courts and could eventually reach the Supreme Court again. The fact that five justices were willing to allow the policy to take effect for now, however, makes it more likely the Trump administration's policy will ultimately be upheld.
 
Justice Department spokeswoman Kerri Kupec said the department was pleased with the court's decision.
 
"The Department of Defense has the authority to create and implement personnel policies it has determined are necessary to best defend our nation," she said, adding that lower court rulings had forced the military to "maintain a prior policy that poses a risk to military effectiveness and lethality."
 
Groups that sued over the Trump administration's policy said they ultimately hoped to win their lawsuits against the policy. Jennifer Levi, an attorney for GLBTQ Legal Advocates & Defenders, said in a statement that the "Trump administration's cruel obsession with ridding our military of dedicated and capable service members because they happen to be transgender defies reason and cannot survive legal review."
 
Until a few years ago service members could be discharged from the military for being transgender. That changed under the Obama administration. The military announced in 2016 that transgender people already serving in the military would be allowed to serve openly. And the military set July 1, 2017, as the date when transgender individuals would be allowed to enlist.

Related listings

  • Gun law, hurricanes added to Florida courts' workload

    Gun law, hurricanes added to Florida courts' workload

    Law Journals 01/01/2019

    Florida's new gun law is keeping courts busy, and the state Supreme Court also says lawsuits over hurricane disputes could be on the rise.The Florida Supreme Court said Friday 100 petitions a month have been filed statewide to try to keep guns out of...

  • Cancer the latest health woe for resilient Justice Ginsburg

    Cancer the latest health woe for resilient Justice Ginsburg

    Law Journals 12/24/2018

    Justice Ruth Bader Ginsburg is resting in a New York hospital following surgery to remove two malignant growths in her left lung, the third time the Supreme Court’s oldest justice has been treated for cancer and her second stay in a hospital in...

  •  The Latest: Court likely to apply excess-fine ban to states

    The Latest: Court likely to apply excess-fine ban to states

    Law Journals 12/06/2018

    The Supreme Court seems very likely to rule that the Constitution's ban on excessive fines applies to the states. The outcome could help an Indiana man recover the $40,000 Land Rover police seized when they arrested him for selling about $400 worth o...

Grounds for Divorce in Ohio - Sylkatis Law, LLC

A divorce in Ohio is filed when there is typically “fault” by one of the parties and party not at “fault” seeks to end the marriage. A court in Ohio may grant a divorce for the following reasons:
• Willful absence of the adverse party for one year
• Adultery
• Extreme cruelty
• Fraudulent contract
• Any gross neglect of duty
• Habitual drunkenness
• Imprisonment in a correctional institution at the time of filing the complaint
• Procurement of a divorce outside this state by the other party

Additionally, there are two “no-fault” basis for which a court may grant a divorce:
• When the parties have, without interruption for one year, lived separate and apart without cohabitation
• Incompatibility, unless denied by either party

However, whether or not the the court grants the divorce for “fault” or not, in Ohio the party not at “fault” will not get a bigger slice of the marital property.