Crosstalk: December 13, 2017

​President Obama opened the floodgates for transgenderism to be front and center in our military. This drastic change in policy also allows the American taxpayer to pay for so-called 'transition therapy' and 'transition surgery'. We're told it's a 'right' and that it allows our nation's finest to be involved in our military readiness.

President Trump, on the other hand, sees things differently. He put a ban on the Obama order taking effect, that is until 2 federal judges decided that they have more authority on this issue that the Commander in Chief.

Where do things stand? How immanent is this for the military? What can you do?

Joining Jim to discuss this issue was Elaine Donnelly. Elaine is the president of the Center for Military Readiness, an independent, nonpartisan, public policy organization that specializes in military/social issues.

Back in 2010, President Obama was pushing hard to repeal the 1993 law regarding gays in the military. At that time it was denied that repeal would lead to what we're seeing today; an open door into the military for those who are confused about their gender identity.

Unfortunately, the Department of Defense has bought into the idea that gender can be changed, and the leaders of the military have gone along with Obama's mandates, directives, instructions and training programs.

Now we're at the point that there are some holdovers from the Obama administration and the Department of Defense that are resisting President Trump. In addition, there are 2 activist federal judges, one in Washington, D.C. and another in Baltimore, one of which, according to Elaine, seems to be acting as supreme judicial commander of the military. Judges have no constitutional authority to run the military and the result is that President Trump's directives are being undermined.

Anthony Kurta implemented the transgender policies under President Obama. Kurta has been running the study group/panel of experts that will make recommendations to President Trump on what his policy concerning transgenders should be. He's going to be the deputy to the official in the Pentagon who is supposed to be responsible for these personnel matters.

Unfortunately Secretary of Defense Mattis cannot create delays on this issue without being in contempt of court. However, Elaine believes he could clean the holdovers out of his department who are helping advance the LGBT cause. This could start with the already mentioned Anthony Kurta.

So why does President Obama's pen seem to have more power than President Trump's pen? Elaine explained that it's simply because the judge said so. One one hand the judge said that the military agreed with Obama's policy and according to Elaine, 'They were duty bound to make that policy work.' On the other hand the judge said they couldn't wait for the Department of Defense to come up with an objective study because President Trump already announced his intent via Tweets, therefore it won't be fair, open and objective, so the plaintiffs win. She then issued a preliminary injunction saying this is so urgent that the policy of the president must be overturned and everything has to begin January 1, a date that Secretary Mattis agreed to.

Elaine believes the only way to stop this is for the Trump administration to fight the order from the judge and have the Department of Justice do what they should have done weeks ago, and that's to appeal this directly to the Supreme Court.