Activist, Constitutional Lawyer Get Military Liberty Wrong

Shannon Minter, a “transgender man” (that is, a woman) of the National Center for Lesbian Rights, and David Codell, a constitutional lawyer in Los Angeles, celebrated the US military’s decision to permit service by openly transgender individuals in a recent column awkwardly titled “A more equal military“.  They summarized the victory thusly [emphasis added]:

As a result, persons of any race, religion, sexual orientation or gender identity can provide equal protection to our nation through open, proud and equal service in our military.

They’re wrong, of course. In the most obvious example, persons of the Sikh faith are not permitted to serve without abandoning the articles of their faith. In addition, a few commentators have begun to question whether people with religious beliefs that are consistent with traditional morality — as opposed to a morality that accepts “fluid” sexuality — will be able to continue to serve in the military, given the military’s reactions to opposition to DADT repeal, for example.

So, contrary to the happy conclusions of Minter and Codell, persons of “any religion” do not have an equal ability to serve their country — though people of a diverse set of sexual practices do.

That said, it shouldn’t be surprising that some have been so focused on their own alleged victimhood that they haven’t seen actual discrimination against others.

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