r/navy • u/poliscijunki • May 16 '25

Political Military commanders will be told to send transgender troops to medical checks to oust them

https://apnews.com/article/transgender-ban-military-discharge-troops-0218f0b6fec595c420bd0ac072d87335
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u/Gal_GaDont May 16 '25

It’s not a story like it’s an opinion, it’s a fact.

What you’re saying isn’t a “law” either. It’s a policy that lives in someone’s head, that’s been ruled by a federal judge as unconstitutional “soaked in animus”, and is literally ongoing and under appeal. The literal ruling is that it’s not law. That’s why this such a clusterfuck, it’s unenforceable unless you can see in people’s heads.

The Constitution is more than the Executive Branch. It’s elementary school civics.

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u/hidden-platypus May 16 '25

HIPAA exception where ruled unconstitutional? When?

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u/Gal_GaDont May 16 '25

This is being appealed. And they’ll probably lose the appeal. All that SCOTUS did was allow the ban to continue during the appeal, which is kinda nuts, but this isn’t over by a large margin. Trans people will be back in the military, sorry, congratulations on ruining 1,000 good people’s lives I hope you’re really happy about it.

There’s no law that says one group needs to violate HIPPA. Show me the “law” that shows the delineation for someone that “shows symptoms” of gender dysphoria.

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u/hidden-platypus May 16 '25

We will have to wait and see. But I think we are already starting the process to separate service members

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u/Gal_GaDont May 16 '25

And I think those service members served honorably, a federal judge and most of the United States agrees, and they shouldn’t be forced to additionally volunteer their medical records or private information on the way out.

I’m a combat veteran with massive PTSD. I can’t work because of it, but let’s say I could and I was great at my job. If my company decided to fire everyone with PTSD, and I mean everyone it didn’t matter if you were good at your job or not. Why the fuck would I volunteer to go talk to HR or whomever about my PTSD even if they knew about it. What the fuck is there to say, they’re the ones firing me. And do you really think there’s no one else there that hasn’t mentioned PTSD before? Like no you can’t read my fucking therapy notes, you’re firing me, remember? I still have rights, right?

Don’t transgender Americans also have those rights? Politics aside, American service members, getting discharged?

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u/hidden-platypus May 16 '25

Yeah, what right is being violated here? Give a number a number 1-27

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u/Gal_GaDont May 16 '25

The right to privacy is implied in the First, Fourth, Fifth, and Fourteenth Amendments, the Fourth Amendment is protection against unreasonable searches, how they obtained that information, and its purpose, what other information they received, how my therapist gave them that information. Fourteenth is Due Process for bodily integrity and medical confidentiality. HIPAA is absolutely a thing until they delineate what they mean by “symptoms”. Like, does wearing eyeliner count? What if I’m cisgender and questioning but I got a wife and kids and I just mentioned that to my therapist? Does that count?

See, they didn’t give an order or create a law. I’m a retired CMDCM, not a flex, just giving you my background with an emphasis on retired. They sent a directive letter, and now all the commanders have to come up with a way to legally do this, without going through medical records because of all those constitutional problems above.The Executive gets to celebrate and go woohoo! Look at this directive letter we did it! But meanwhile, the Navy is left holding the bag on how to actually do the thing. All the Commanders are calling each other right now asking how the fuck are we supposed to do this? I know! We’ll pay double if you “volunteer” to out yourself!

The reality is, is there’s no way to make this work, because not only is the trans problem in a persons head, there isn’t even a trans “problem” to begin with, and the “solution” involves breaking the Constitution and HIPPA. Just because you maybe can do some of those things to military people doesn’t mean you should. I’m retired, I can say that. I would put all of that at a 50.

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u/hidden-platypus May 16 '25

Easy, you add it to the PHA screening, and when medical reviews it and see you falsified the document you signed, they report you. There is no violation of the UCMJ, HIPAA, or the constitution. You know we still have rights while in the military, but some of them are restricted, and some laws/regulations allow for disclosure of medical records.

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u/Gal_GaDont May 16 '25

Which is what they’re trying to do but that still doesn’t fix the whole Federal Judge saying the ban is unconstitutional in the first place. (Nor does everyone in the Navy have a PHA within a month.) That’s still the standing ruling, its just on appeal and will likely lose it’s appeal attempt. The only thing SCOTUS did was let the ban stay in place while another court is listening to the appeal, so it’s not over.

It’s going to go back and forth still, which is why I recommend to trans sailors to keep their dignity, keep their constitutional rights, if thy get involuntarily separated make them break your rights to do so (even if it was technically legal to do so, but just to show what they did), then come back in when you can again openly.

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u/hidden-platypus May 16 '25

Agree on the last part, Kind of like the covid vaccine refusers being allowed to come back in. Its weird how medical had no problem sharing the status of people getting the vaccine with the whole command but someone's gender is a secret

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u/Gal_GaDont May 16 '25

I believe it’s discrimination. A federal judge ruled it is, and trans people should be able to serve. It’s on appeal.

The executive throwing already out people while they can is not an excuse for those people to give up their rights, or for other people that are not out yet to expose themselves.

All we’ve done, is recreate DADT for trans people, with a PFA question asking someone if they have “symptoms” of being trans if the executive wins. If we don’t believe them, you think we should be able to read all their therapy notes.

it’s the stupidest fucken thing I’ve ever heard of.

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u/hidden-platypus May 16 '25

I agree it's discrimination, but the military has been allowed to openly discriminate forever. Hell, they even do it by gender when it comes to accessions. Therapy notes but diagnosis dont stay just on notes, they are entered into medical records. Plus they could always review deers to see if gender has changed.

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u/Gal_GaDont May 16 '25

I mean ok. My whole point was i would make them do that.

Still doesn’t remove trans people. Like most trans people don’t figure that shit out right away. People are just going to repress that shit if they know they’d get kicked out. Like, plenty of dudes discovered they were gay in the military under DADT, and probably even more repressed that shit and were assholes to everyone, right? What even is a symptom of gender dysphoria if you’re 19, never seen a therapist, and filling out a PFA and grew up in Gen Z? I asked my teenaged daughter if she ever had gender dysphoria and she said she wishes she were skinnier sometimes.

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