You would think that with people getting expelled, jailed or their heads bashed in on college campuses just for expressing their right to free speech that the ACLU would have its hands full with important things. But to little surprise, the group is standing by silently as Antifa thugs assault the First Amendment rights of conservatives and Christians and instead occupying itself with suing the Trump Administration for barring transgender recruits from the US military.

The ACLU of Maryland’s lawsuit claims that the ban “violates the constitutional guarantees of equal protection and substantive due process by singling out transgender individuals for unequal and discriminatory treatment," it "discriminates based on sex and transgender status," and it "is based on uninformed speculation, myths and stereotypes, moral disapproval, and a bare desire to harm this already vulnerable group.”

But it’s not as cut-and-dried as that. The ACLU is representing five transgender plaintiffs who are already longtime military members, and the policy on them isn’t even clear yet. As for banning new transgender recruits, that’s not based on speculation, myths, morality or meanness. It’s based on the fact that gender dysphoria is classified as a mental disorder by the American Psychiatric Association’s DSM-5 (the Diagnostic and Statistical Manual of Mental Disorders). Studies have found that people with GD are at greater risk than the general population of stress, depression, anxiety, poor self-esteem and eating disorders, and a much greater risk of suicide attempts (one study put the number at 41%, when the national average is 1.6%.) Many seek hormone or surgical remedies that require high medical fees and extensive recuperation periods. These are just some of the reasons why, until Obama tried to change the rule in his last year in office, openly transgender recruits have always been excluded from military service.

The US military is not subject to all the equal opportunity hiring regulations that a private business faces. They can and do discriminate for a number of physical and mental conditions because members of military teams must be able to depend on each other to operate at peak physical and mental condition, or else people can get killed. What’s next, will the ACLU sue for the right of senior citizens or people with bad eyesight, flat feet or trick knees to join the military? They’re currently “discriminated against,” too. You could sue Wal-Mart for rejecting you because you wear thick glasses, but I don’t think you’d have much luck trying to force the Marines to put you into a sniper unit.