June 3, 2026

Military Service Is a Privilege, Not a Constitutional Right

The U.S. military is not a social engineering petri dish for leftist idiocy.

Later today, I will head over to France for the 82nd remembrance of Operation Overlord, the Allied D-Day invasion of Normandy. Of course, there is a great possibility that many of our 16-30-year-olds in America would have no idea of what I speak. That is why in coordination with the Young America’s Foundation, we are taking 25 college campus conservative student leaders to the Cotentin Peninsula. As I am preparing to depart for my third trip to the hallowed grounds of Omaha, Utah, Gold, Juno, and Sword beaches, Pointe du Hoc, Sainte-Mère-Église, and Carentan in honor of the First and Fourth Infantry Divisions, along with the 82d and 101st Airborne Divisions, and the American Rangers, I read something very disturbing.

On Monday, a panel of three judges on the U.S. Court of Appeals for the D.C. Circuit split 2-1, finding the Trump administration’s ban on transgender individuals was driven by the personal animus of SecDef Hegseth. “Judges Judith Rogers and Robert Wilkins agreed that the Trump administration’s policy targeting transgender service members likely violated the Constitution’s guarantee of equal protection.” Well, here we go again, the judicial activist leftists improperly applying the 14th Amendment equal protection clause to further their absurd ideological agenda. First of all, as we follow the science, there are only two genders: male/female, man/woman, boys/girls, guys/gals. This whole “transgender” moniker is a made-up cultural Marxist ploy to create a new group of people that they can leverage for their political support and “inclusion.” Therefore, we need to look at this issue from the stance that individuals voluntarily creating a non-standard, deviant gender category is not warranting “equal protection.” If someone wishes to jump into the crazy sandbox, it does not require others to join with them.

Next, we need to stop adopting the absurd language of the left and refer to this as it is: gender dysphoria, a designated mental condition. That is not Col. Allen West making this up. It comes from the American Psychiatric Association. Just to clarify to everyone, the U.S. military does not allow people to serve with certain health conditions, like asthma. People who have obesity issues are not allowed to serve. People with schizophrenia and bipolar disorders are not allowed to serve. So, why did these two judges make the absurd and delusional decision that individuals suffering from the mental disorder called gender dysphoria should be allowed to serve? Furthermore, where does it state that every American has an “equal protection” to serve in our military? Serving in our Armed Forces is not a constitutional right; it is a privilege that, over 251 years, a small percentage of Americans have experienced.

Also, it is imperative to know that these individuals suffering from gender dysphoria are, in many cases, non-deployable due to their treatments. Therefore, these judges just made an insidious decision that adversely affects the readiness of our force. And why should the American taxpayer fund the mental illness of these few individuals?

The U.S. military is not a social engineering petri dish for leftist idiocy. We witnessed that during the Obama and the third Obama administration known as Biden. We saw the recruitment and retention rates of our military plummet. With a change in Commander in Chief and defense personnel policy, those numbers immediately reversed.

Judge Wilkins wrote, “The government’s stated reason for issuing the Hegseth Policy as based solely upon gender dysphoria was pretextual, and that instead, the Hegseth Policy was premised, at least in part, on a non-legitimate state interest to harm the politically unpopular group of transgender persons.” In that statement, Judge Wilkins admits that there is a mental condition, but subjectively decides that the policy was done to “harm the politically unpopular group.” Judge Wilkins, therefore, made a determination not based upon military readiness but rather in support of a political group that he obviously sees as popular. If we are to accept the foolhardy decision of Judges Judith Rogers and Robert Wilkins, then any “politically popular” group, as determined by the cultural Marxists, has an equally protected constitutional right to serve in our military.

This is why the American Constitutional Rights Union (ACRU) created the Committee to Support and Defend (CSD) as America’s constitutional conservative veterans organization. We must continue to speak out and support and defend our Constitution against the onslaught and misinterpretation of our Constitution to fit the agenda of the leftists. Gender dysphoria is not consistent with the good order and discipline of our military and its mission. If we are to believe Judges Rogers and Wilkins, then who else has an equal protection to serve in our military? And do not, Marxists, seek to compare Blacks with individuals who suffer from a mental condition. Oh yeah, isn’t it special that the Democrats did not support the 14th Amendment, offering Blacks, recently freed from slavery, to be granted citizenship, along with their children? Now, the leftists want to use the 14th Amendment for those confused about something as simple as two genders.

What a sad reflection of where we have come since those men who hit the beaches and dropped into the darkness 82 years ago this week.

Steadfast and Loyal.


Republished from ACRU Action Fund.

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