More Animus Against Trans People

A second a related point is that laws of the kind now before us raise the inevitable inference that the disadvantage imposed is born of animosity toward the class of persons affected. "[I]f the constitutional conception of 'equal protection of the laws' means anything, it must at the very least mean that a bare ... desire to harm a politically unpopular group cannot constitute a legitimate governmental interest." 

There is a constitutional line of cases, which Justice Kennedy repeatedly applied in cases involving gays, lesbians, and bisexuals, that deems laws motivated by animus as not providing a legitimate state purpose. 

Laws have to meet a low rational basis bar unless fundamental rights are involved. I have argued "low" doesn't mean "none," but it doesn't take much at all to meet the test without more. However, other red flags might arise. Animus is one such red flag.

The animus cases included disputes involving hippies, intellectually disabled people, and LGB individuals.  These days, the principle is also sometimes used to flag religious animus, at times dubiously.  

One red flag for animus is that a law is not a good fit (underinclusive or overbroad) to the alleged neutral interests. The blanket anti-LGB (now likely with a "T") law in Romer v. Evans was quite excessive for the narrow interests (such as privacy) asserted. 

Animus can also be shown by something being gratuitously offensive. Consider this recent news:

The US Air Force is denying early retirement to all transgender service members with 15-18 years of military service, opting instead to force them out with no retirement benefits.

Why is this necessary? See also this:

The Air Force says in a new memo that transgender airmen ousted under a recent Trump administration directive will no longer have the chance to argue before a board of their peers for the right to continue serving their country.

“I’ve seen people with three DUIs retained, I’ve seen people that beat their wives retained, I’ve seen all kinds of people retained because the board is empowered to retain anyone for any reason if they feel it’s in the best interest of the service,” she said.

Animus against trans people is common these days. Courts have deemed it appropriate, ignoring red flags. The Supreme Court, by the usual split, in May lifted an injunction blocking the anti-trans military policy. We shall see how much room lower courts have to maneuver here.  

The Trump Administration overturned a Biden Administration policy respecting trans service personnel.  The Trump Administration alleges trans people are not "physically or mentally prepared to serve." They are allegedly immoral liars.

Animus against trans people is immoral. Millions of people are trans. They have friends and loved ones who make the number of people directly harmed that much larger. This is not some sort of DEI thing, though again, DEI(A) is a good thing, anyway. 

It is our responsibility, including those with power, to respect and protect the rights of trans people. They deserve the level of dignity and respect that everyone does. A sane and sensible government recognizes this.