Democratic Senators Refuse Vote To Remove Anti-Trans Amendment From Military Budget

The move follows passage of the NDAA in the House of Representatives, which will be the first national anti-trans law in recent years.

Photo by Cameron Smith on Unsplash

Earlier today, the United States Senate passed the Fiscal Year 2025 National Defense Authorization Act without amendments, marking the first anti-LGBTQ+ legislation passed by Congress in over 30 years. The bill passed 85-14 in the Senate, with Vice President-elect J.D. Vance (R-OH) abstaining. Originally designed as a bipartisan measure to regulate military funding for the coming year, it became a vehicle for anti-trans policy after House Speaker Mike Johnson (R-LA) successfully inserted a provision banning coverage of “sterilizing” gender-affirming care under Tricare, the military’s health insurance plan. While most hormonal procedures for youth do not inherently cause sterilization, the language is expected to be weaponized to block hormone replacement therapy and potentially puberty blockers from being covered.

The 14 senators who voted against the NDAA were Tammy Baldwin (D-WI), Cory Booker (D-NJ), Mike Braun (R-IN), Andy Kim (D-NJ), Mike Lee (R-UT), Ed Markey (D-MA), Jeff Merkley (D-OR), Rand Paul (R-KY), Bernie Sanders (I-VT), Adam Schiff (D-CA), Debbie Stabenow (D-MI), Elizabeth Warren (D-MA), Peter Welch (D-VT), and Ron Wyden (D-OR). In total, 37 Democrats, 46 Republicans, and three Independents voted in favor of the bill. The full breakdown is available on the Senate’s website under H.R. 5009, listed under an unrelated name due to substitution. Legislative researcher and activist Allison Chapman has also posted a complete list of Democratic senators who voted for the NDAA on BlueSky.

Senator Tammy Baldwin (D-WI) led efforts to remove the anti-trans language from the NDAA by introducing Amendment 3332, which aimed to strike the discriminatory provisions. The amendment garnered support from 24 of her Senate colleagues. However, Democratic Majority Leader Chuck Schumer (D-NY) at some point requested the amendment be withdrawn, opting not to bring it to a vote unless certain of its passage. It is unclear when this took place, as recordings of the session do not depict its withdrawal, although it is likely that Sen. John Hickenlooper (D-CO) oversaw this as he was the presiding officer of the session for this bill. Nevertheless, the amendment was swiftly withdrawn without a vote, paving the way for the NDAA to pass into law without changes to the anti-trans language.

The bill now heads to President Joe Biden’s desk, where he must decide whether to sign it into law or issue a veto. While Biden has previously pledged to veto anti-trans legislation, rejecting the NDAA would risk jeopardizing military funding for 2025, a move with uncertain and potentially far-reaching consequences.

Members of the military have voiced significant frustration with the ban. A retired Navy captain told the Washington Post, “It is very hard for me to reconcile the idea that the country trusted me to fight in combat, to be shot at, to lead young sailors into combat, but they won’t trust me to make a medical decision for my child, which is the most important decision of my life.” A spouse of an active duty soldier said on Instagram, “My spouse is active duty military. If these lawmakers saw him in the hallway in Congress, they would shake his hand and thank him for his service. They trust him with sensitive information, and they trust him with the security of the nation, but somehow they can’t trust him with making informed medical decisions for his own child?”

GLAAD President and CEO Sarah Kate Ellis said in a press release sent to Erin In The Morning, “Congress has now passed the first anti-LGBTQ federal statute in years, one that will directly harm thousands of service members and their families, and impact the security of every American family. The anti-transgender, anti-family provision in the National Defense Authorization Act will baselessly distract service members from their missions and duty to worry about their own families, a situation the U.S. government should never impose on the troops who put their lives on the line.”

Human Rights Campaign President Kelley Robinson said in a press release, “We entrust our nation’s safety and freedoms to those who serve in the military. We ask them to make incredible sacrifices in defense of this country. In exchange, they deserve to be treated with respect and trusted to make decisions about their own families’ health care needs. A majority in the Senate failed those families today, thousands of whom now face the possibility of losing access to medically necessary care. President Biden has the power to put a stop to this cruelty. He should make good on his promises to protect LGBTQ+ Americans, defend military servicemembers and their families, and ensure this country’s politics reflect the best of who we are. President Biden must veto this bill.”