I believe you can file in either state or federal court. Baker, Peruta, and most firearms cases are likewise filed in federal court to address grievances committed by a state, right? Usually, important cases would be filed in federal court.

No, it depends on the jurisdiction and whether you broke any federal laws.

If you get a DUI in Honolulu, you go to Hawaii State Court.  If you get a DUI on a military base, you go to Federal Court.

No, it depends on the jurisdiction and whether you broke any federal laws.

If you get a DUI in Honolulu, you go to Hawaii State Court.  If you get a DUI on a military base, you go to Federal Court.

Unless the military police give the arrest to the Honolulu Police, then it can still go to a Hawaii court. The base is considered concurrent jurisdiction.

Probably not very applicable in a 2A lawsuit though.

Wow, they really eat their own.

Then you'd BOTH be wrong.

The DoD has TWO equal opportunity polices:

1.  Military Equal Opportunity, and

2.  Equal Employment Opportunity.

Number 1 is for those entering active military service. 

The other (#2) process is for civilian hires and pretty much mirror any other company governed by Federal EEO laws.

http://military.findlaw.com/administrative-issues-benefits/equal-opportunity-policies-in-the-military.html

Unless and until "Transgender" becomes a separate protected class under the law for hiring practices in the military, the services and Commander in Chief can set the policy as they see fit. 

The "little thing called the Constitution" is not a catch-all for every extreme exception in the country.  If you're looking for fair treatment for what is regarded as a psychological disorder by most, then the military is not for you. 

If you're looking to be abused equally along with other recruits, you should run, don't walk, to your nearest recruiter!

Are you suggesting that military policy supersedes the constitution?

Yeah, it does EEF.
Don't even start down that road. IMO.

I'm pretty sure the military even give up a lot of 2A rights when they voluntarily join.
(Hence all the base shootings cause no one can carry)
They sign a contract.

I say this with all respect. It is a priviledge .
And no, I have never served.
Thank you to those who have and are.

Are you suggesting that military policy supersedes the constitution?

The military has a mission, and the accomplishment of that mission supersedes individual rights.  It always has.  Did you know a Court Martial can sentence you to DEATH for misconduct in the field?

899. Article 99. MISBEHAVIOR BEFORE THE ENEMY

Any person subject to this chapter who before or in the presence of the enemy–
(1) runs away;
(2) shamefully abandons, surrenders, or delivers up any command, unit, place, or military property which it is his duty to defend;
(3) through disobedience, neglect, or intentional misconduct endangers the safety of any such command, unit, place, or military property;
(4) casts away his arms or ammunition;
(5) is guilty of cowardly conduct;
(6) quits his place of duty to plunder or pillage;
(7) causes false alarms in any command, unit, or place under control of the armed forces;
(8 ) willfully fails to do his utmost to encounter, engage, capture, or destroy any enemy troops, combatants, vessels, aircraft, or any other thing, which it is his duty so to encounter, engage, capture, or destroy; or
(9) does not afford all practicable relief and assistance to any troops, combatants, vessels, or aircraft of the armed forces belonging to the United States or their allies when engaged in battle;

shall be punished by death or such punishment as a court- martial may direct.

The UCMJ was written in the 1950s to standardize and document the military justice system that had been informally in effect since before the country began. 

The UCMJ incorporates criminal and civil offenses like murder, rape and assault, but also conduct of troops, such as conduct unbecoming or failure to go (basically disobeying an order to be in place at a certain time & place.)

All military members, whether on military property or on duty or not are subject to the jurisdiction of military law.  We have our own lawyers, and they practice law specifically as it applies to the military.

When you join the military, you forfeit all individual rights to choose where you live, what job you may be assigned (I've seen computer scientists assigned to the transportation unit), and privacy.

In criminal cases, there may be constitutional protections that require a warrant, but in most cases, if you are living in government-furnished quarters, they can search and inspect your personal property at will.  Anyone who went through basic training knows your footlocker is not a place you can expect privacy.

While the courts have made rulings that the bill of rights do apply to military members, the nature of military bases makes that moot.

(6) quits his place of duty to plunder or pillage

woohoo!

Yeah, it does EEF.
Don't even start down that road. IMO.

I'm pretty sure the military even give up a lot of 2A rights when they voluntarily join.
(Hence all the base shootings cause no one can carry)
They sign a contract.

I say this with all respect. It is a priviledge .
And no, I have never served.
Thank you to those who have and are.

I understand that and agree. They give up their rights to cheat on their spouses as well (an interesting tidbit).

Giving up rights when you join is not the same thing as being denied employment though I am not sure if that presents a different legal challenge.

Don't get me wrong, I don't think the military just has to accept anyone and everyone, they can establish standards and I don't think anyone should get a pass for those standards.

I do think there could be a legal issue if the military denies entry for an arbitrary reason. I don't know this for sure as I am not a constitutional lawyer but I could see someone filing suit over it given the furor for LGBT rights.

Denying a certain swath of the population should be justified by facts, that is to say the case should be made why transgender people are not allowed. I suppose the roundabout way is the don't ask don't tell policy. You can hire transgender people, but they cannot make it known and must dress in the manner of their sex at birth. I suppose one manner of solution could be looking at what the military does to individuals who are born without a specific sex, those born missing male or female anatomy, etc.

This raises a question, if a trans person had the complete sex change and legally changed the sex on their ID, would the military even know? I assume it would come out in the medical portion somewhere but who knows?

The whole issue is who pays for such transformation, I don't think the taxpayer aught to, that's my opinion.   

Hey. Whatever floats your boat...  don't make me pay for that yacht, that's all on you... 

The whole issue is who pays for such transformation, I don't think the taxpayer aught to, that's my opinion.   

Hey. Whatever floats your boat...  don't make me pay for that yacht, that's all on you...

It's not just the original purchase price, but the on-going money and time spent for maintenance, too.  Then there's the potential reality of being deployed where the maintenance isn't available, or the mission doesn't accommodate time off for issues that might arise associated with the maintenance.

In other words, even if they transitioned prior to joining, they have to be able to take the hormones and see a specialist when needed.  That's not happening in a deployed location or on a ship for 6 months.

Even if you've had gender reassignment surgery, the fact remains your body is still that of the original gender.  Chemistry won't permanently change just because you don't like it.  Hormone therapy can really mess a person up and cause many side effects which can equate to being hospitalized or placed on quarters.  That's not going to aid the military. 

There's a significant number of transgenders who changed their mind and transitioned back to their birth gender.  One of the biggest reasons is the high maintenance and cost involved in the transition process.  If a guy wants to be a girl for the rest of his life, he's going to have to deal with his body's chemistry for that long.  As he ages, so does his body, and so may the medications needed.

If they weren't happy in their old body, how would they know they will be happier in another body?  They won't know until they do as much as they can to achieve that other body, which might not coincide with the mental image they'd hoped for. 

Sorry.  This is not the best candidate for the military.  Even well-adjusted men and women wash out of boot camp and advanced training, and they aren't under the additional pressure of managing their "transitioned" selves.

All I can say is. "Careful what you wish for.  You just might get it!"   

56 retired high ranking military officers write a letter in support of transgenders in the military and opposing Trump's ban.

full list of the signees of the letter appears below:

General John R. Allen, USMC (Retired)
General Robert W. Sennewald, USA (Retired)
Vice Admiral Donald Arthur, USN (Retired)
Lieutenant General Robert Gard, USA (Retired)
Lieutenant General Walter Gaskin, USMC (Retired)
Vice Admiral Kevin P. Green, USN (Retired)
Lieutenant General Arlen D. Jameson, USAF (Retired)
Lieutenant General Claudia Kennedy, USA (Retired)
Lieutenant General Willie Williams, USMC (Retired)
Major General Juan G. Ayala, USMC (Retired)
Major General Donna Barbisch, USA (Retired)
Rear Admiral Chris Cole, USN (Retired)
Major General Vance Coleman, USA (Retired)
Major General J. Gary Cooper, USMC (Retired)
Major General Paul Eaton, USA (Retired)
Major General Mari K. Eder, USA (Retired)
Rear Admiral F. Stephen Glass, USN (Retired)
Major General Richard S. Haddad, USAF (Retired)
Major General Irv Halter, USAF (Retired)
Rear Admiral Jan Hamby, USN (Retired)
Major General Marcelite J. Harris, USAF (Retired)
Rear Admiral John Hutson, JAGC, USN (Retired)
Major General James R. Klugh, Sr., USA (Retired)
Major General Dennis Laich, USA (Retired)
Major General Randy Manner, USA (Retired)
Major General Dee Ann McWilliams, USA (Retired)
Major General John Phillips, USAF (Retired)
Major General Dana J.H. Pittard, USA (Retired)
Major General Gale Pollock, CRNA, FACHE, FAAN, USA (Retired)
Rear Admiral Harold Robinson, USN (Retired)
Major General Patricia Rose, USAF (Retired)
Rear Admiral Alan Steinman, USPHS/USCG (Retired)
Major General Antonio Taguba, USA (Retired)
Major General Peggy Wilmoth, PhD, MSS, RN, FAAN, USA (Retired)
Major General Maggie Woodward, USAF (Retired)
Rear Admiral Dick Young, USN (Retired)
Brigadier General Clara Adams-Ender, USA (Retired)
Brigadier General Ricardo Aponte, USAF (Retired)
Rear Admiral Jamie Barnett, USN (Retired)
Brigadier General David Brahms, USMC (Retired)
Brigadier General Stephen A. Cheney, USMC (Retired)
Brigadier General Julia Cleckley, USA (Retired)
Rear Admiral Jay DeLoach, USN (Retired)
Brigadier General John Douglass, USAF (Retired)
Brigadier General Evelyn “Pat” Foote, USA (Retired)
Brigadier General Judy M. Griego, NMANG (Retired)
Brigadier General David R. Irvine, USA (Retired)
Brigadier General John H. Johns, USA (Retired)
Rear Admiral Gene Kendall, USN (Retired)
Brigadier General Thomas Kolditz, PhD, USA (Retired)
Brigadier General Carlos E. Martinez, USAF (Retired)
Brigadier General Ronald Rokosz, USA (Retired)
Brigadier General John M. Schuster, USA (Retired)
Rear Admiral Michael E. Smith, USN (Retired)
Brigadier Paul Gregory Smith, USA (Retired)
Brigadier General Marianne Watson, USA (Retired)

56 retired high ranking military officers write a letter in support of transgenders in the military and opposing Trump's ban.

full list of the signees of the letter appears below:

General John R. Allen, USMC (Retired)
General Robert W. Sennewald, USA (Retired)
Vice Admiral Donald Arthur, USN (Retired)
Lieutenant General Robert Gard, USA (Retired)
Lieutenant General Walter Gaskin, USMC (Retired)
Vice Admiral Kevin P. Green, USN (Retired)
Lieutenant General Arlen D. Jameson, USAF (Retired)
Lieutenant General Claudia Kennedy, USA (Retired)
Lieutenant General Willie Williams, USMC (Retired)
Major General Juan G. Ayala, USMC (Retired)
Major General Donna Barbisch, USA (Retired)
Rear Admiral Chris Cole, USN (Retired)
Major General Vance Coleman, USA (Retired)
Major General J. Gary Cooper, USMC (Retired)
Major General Paul Eaton, USA (Retired)
Major General Mari K. Eder, USA (Retired)
Rear Admiral F. Stephen Glass, USN (Retired)
Major General Richard S. Haddad, USAF (Retired)
Major General Irv Halter, USAF (Retired)
Rear Admiral Jan Hamby, USN (Retired)
Major General Marcelite J. Harris, USAF (Retired)
Rear Admiral John Hutson, JAGC, USN (Retired)
Major General James R. Klugh, Sr., USA (Retired)
Major General Dennis Laich, USA (Retired)
Major General Randy Manner, USA (Retired)
Major General Dee Ann McWilliams, USA (Retired)
Major General John Phillips, USAF (Retired)
Major General Dana J.H. Pittard, USA (Retired)
Major General Gale Pollock, CRNA, FACHE, FAAN, USA (Retired)
Rear Admiral Harold Robinson, USN (Retired)
Major General Patricia Rose, USAF (Retired)
Rear Admiral Alan Steinman, USPHS/USCG (Retired)
Major General Antonio Taguba, USA (Retired)
Major General Peggy Wilmoth, PhD, MSS, RN, FAAN, USA (Retired)
Major General Maggie Woodward, USAF (Retired)
Rear Admiral Dick Young, USN (Retired)
Brigadier General Clara Adams-Ender, USA (Retired)
Brigadier General Ricardo Aponte, USAF (Retired)
Rear Admiral Jamie Barnett, USN (Retired)
Brigadier General David Brahms, USMC (Retired)
Brigadier General Stephen A. Cheney, USMC (Retired)
Brigadier General Julia Cleckley, USA (Retired)
Rear Admiral Jay DeLoach, USN (Retired)
Brigadier General John Douglass, USAF (Retired)
Brigadier General Evelyn “Pat” Foote, USA (Retired)
Brigadier General Judy M. Griego, NMANG (Retired)
Brigadier General David R. Irvine, USA (Retired)
Brigadier General John H. Johns, USA (Retired)
Rear Admiral Gene Kendall, USN (Retired)
Brigadier General Thomas Kolditz, PhD, USA (Retired)
Brigadier General Carlos E. Martinez, USAF (Retired)
Brigadier General Ronald Rokosz, USA (Retired)
Brigadier General John M. Schuster, USA (Retired)
Rear Admiral Michael E. Smith, USN (Retired)
Brigadier Paul Gregory Smith, USA (Retired)
Brigadier General Marianne Watson, USA (Retired)

they are all retired.

they are all retired.

Right.  None of them will have to deal with the consequences of allowing transgenders to openly serve.

Nothing confusing about Transgenders, huh?



 

If they weren't retired they would be opening themselves up to punishment and death, especially since military officers have weakened or forfeited constitutional rights.

So fucked up. So we are just making stuff up to explain ourselves. OK.

I'd be willing to bet that they're not all Liberals.

Right.  None of them will have to deal with the consequences of allowing transgenders to openly serve.

Hmmmm, a look at those names of POLITICAL officers (no one get to flag rank otherwise) shows a rather odd list of names:

Claudia
Donna 
Mari 
Jan
Marcelite 
Dee Ann
Dana
Gale
Patricia 
Peggy
 Maggie 
Clara
Jamie 
Julia
Evelyn
Judy
 Marianne

Now, I may be mistaken, but the current commandant of the AF academy is a blatant homosexual living with her,  ah, "spouse".

Any female flag officer is the last one I would use as a source for opinion on homosexuals or trans-disordered issues in the military. Especially if they were promoted during Obunghole's regime and are likely to be in the same group.

Does not take a huge leap of imagination to guess how many on this list do not give a damn what normal troops think of their agenda..

I just noticed the female names in the list myself. Was about to mention it but you beat me to it. I'm with you on that one.

Right.  None of them will have to deal with the consequences of allowing transgenders to openly serve.

So their military opinion only matters when it agrees with you?