A President legally has the right to ban transgender people from military

That ban would not hold up in blue or white collar America - but the military isn't protected by the 1964 Civil Rights Act.

President Trump's tweets announcing a ban on transgendered individuals in the military is perfectly legal.
If you're thinking, 'wait a minute, that's not what my human resources manual at work says,' the military has a different rule book.

"The standard of keeping out transgendered people would broadly fall within the power that the Secretary of Defense has (and the power) the President of the United States has," said retired Lt. Col. Ed Farry, a former Air Force JAG. "I don't know that it would be allowed in blue collar or white collar America, but the Department of Defense, the Secretary of Defense and the President can set the qualifications of members of the military (and) the Armed Forces."

The President's tweets from 6:55 a.m. Denver time read this way:

You can see the President's twitter account here if tweets do not appear

The 9NEWS Verify team found that the military's transgender spending is not so 'tremendous.'

As for the disruption, that's the part of the policy that would likely stand up in a legal test.

"The basis of the policy would be what's sometimes called 'unit cohesion.' Would the fact that a transgendered individual be in the unit cause a disruption and an inability of the unit to work as a team or a fighting unit? That was the basis in the old days for keeping homosexuals out," said Farry.

Since it's a policy decision and not discipline, a transgendered soldier might be able to stay even if their status is known.

"If the command makes a decision that this individual has integrated him or herself well into the unit, and that unit cohesion would not be affected, they may have the discretion of keeping that individual in," said Farry.

What you might be able to fight in your workplace is different for the military. Title VII of the Civil Rights Act prohibits discrimination based on race, color, religion, sex or national origin.

"Title VII has to do with sexual orientation and discriminating against individuals on account of their sexual orientation," said Farry.

"So, then why wouldn't that apply to the military?" asked 9NEWS reporter Marshall Zelinger.

"It simply doesn't apply to the military. There is no such court in the military. The next question would be, could you go to Federal Court and bring an action in Federal Court demanding that you remain, and the answer to that is certainly not," said Farry. "If they do attempt to get them out of the military, it'll become a political issue, as many issues become political in the United States. And that person will have an army of supporters to challenge the regular Army."

© 2017 KUSA-TV


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