First Major Congressional Fight Over Trans Military Family Members Expected This Week
A provision added to the National Defense Authorization Act (NDAA) would remove medically necessary healthcare coverage from military family members under 18 through Tricare.
News broke this weekend that Republican leaders have unveiled the House version of the National Defense Authorization Act (NDAA), a traditionally bipartisan bill critical to funding the U.S. military. This year, however, the NDAA has become a battlefield, as Republicans inserted a provision barring TRICARE, the military’s health insurance program, from covering gender-affirming care for transgender dependents under 18. The move explicitly targets the children of servicemembers, a decision that risks derailing the $895 billion defense bill. Reports suggest the controversial amendment may be a non-starter for most Democrats and could jeopardize the bill’s passage, particularly as a handful of Republican defections remain possible.
The newly released 1,813-page bill, unveiled Saturday, primarily focuses on standard defense expenditures. However, buried within its extensive language is a controversial provision: “Section 708.” This clause would prohibit TRICARE from covering any medical treatments for gender dysphoria in transgender youth under 18 that “could result in sterilization.” While the bill itself does not specify which treatments would be banned, as fertility often remains possible for transgender youth receiving gender-affirming care, a separate House GOP memo, obtained by Fox News, clarified the intent: to “ban transgender medical treatment for children,” including “puberty blockers and hormones.”
You can see the NDAA provision and the House GOP memo here:
The provision represents a mildly scaled-back version of earlier proposals introduced in the Senate version of the bill prior to the election. Those Senate provisions not only targeted transgender youth but also sought to restrict gender-affirming surgeries for transgender adults in the military. If enacted, such policies could severely disrupt the lives of transgender servicemembers by jeopardizing their access to care and stripping transgender family members of vital healthcare coverage.
Though Republicans campaigned heavily on transgender issues in 2024 and currently control the House, the inclusion of the provision could complicate the bill’s passage. Representative Adam Smith, the top Democrat on the House Armed Services Committee, told Politico that he was undecided on how he would vote, stating, “It’s the Republicans taking advantage of a partisan wedge issue.” He further criticized Speaker Mike Johnson, accusing him of “prioritizing the small extremist group of conservatives in a bid to lock down votes to keep the speaker’s gavel in January.”
The bill will reportedly undergo a procedural rule to determine whether a simple majority will suffice for its passage. Some Republicans may vote to block the bill, either due to opposition to the anti-trans provision or frustration over the absence of additional far-right priorities. Without Democratic support, the bill could be pushed into a process requiring a two-thirds majority, a scenario that would likely strip out the anti-equality provision to ensure its passage. Smith stated to Politico that he was uncertain on how Democrats would vote on the procedural motion, stating that he was “sure people will be in different places.”
The type of care that would be targeted is considered lifesaving for many transgender youth. A Cornell review of more than 51 studies determined that trans care significantly improves the mental health of transgender people. One major study even noted a 73% lower suicidality among trans youth who began care. A similar study found a 40% reduction in actual suicide attempts over the previous year. In a recent article published in the Journal of Adolescent Health in April of 2024, puberty blockers were found to significantly reduce depression and anxiety. A randomized controlled trial in Australia, which was only possible through an innovative methodology, showed a 55% reduction in suicidality for trans men able to start testosterone. In Germany, a recent review by over 27 medical organizations has judged that “not providing treatment can do harm” to transgender youth, and a recent medical consensus in France supported their use. The evidence around transgender care led to a historic policy resolution condemning bans on gender affirming care by the American Psychological Association, the largest psychological association in the world, which was voted on by representatives of its 157,000 members.
“Instead of focusing on the needs of the American people and our national security, anti-equality House Republican leaders are hijacking a defense bill to play politics with the healthcare of children of servicemembers. This is not leadership, it’s bullying, and it is a direct attack on military families,” said HRC President Kelley Robinson in response to the provision. “This discriminatory provision is a slap in the face to servicemembers and their families, who sacrifice every day for our country. We ask our servicemembers to defend our country, and in return, we should defend their rights. This cruel and hateful bill suddenly strips away access to medical care for families that members of our armed forces are counting on, and it could force servicemembers to choose between staying in the military or providing healthcare for their children. Politicians have no place inserting themselves into decisions that should be between families and their doctors. We call on members of Congress to do what's right and vote against this damaging legislation.”
HRC also reports that “President Biden has promised repeatedly to veto any legislation that would enshrine discrimination against transgender people into law.”
Gillian Branstetter, a communications strategist at the ACLU, noted that the provision represents a minuscule portion of the medical budget for servicemember’s families, stating, “Trans youth receiving hormone therapy or puberty suppresants represent just 0.1% of all youth on TRICARE, but Speaker Johnson has indicated this is his top priority for the NDAA. And as we know from the Hyde amendment, restrictions like this are very difficult to remove once codified.”
Congressman Ro Khanna, who is on the House Armed Services Committee, indicated that he would vote no on the measure: "I will vote no on the NDAA as I have since coming to Congress. Almost half of the nearly $1 trillion defense budget goes to contractors who are fleecing the American people. This year’s NDAA also includes harmful provisions that attack the dignity and well-being of trans people by prohibiting coverage of medically necessary healthcare. At the same time, Congress has failed to expand access to in vitro fertilization (IVF) for active-duty military members and their families. We must do better to support all military families and reject these harmful policies,” said Rep. Ro Khanna to Erin In The Morning.
The procedural vote is expected this week.
Jesus. Time to see if the Democrats are going to start rolling over. Nothing more patriotic than doing everything in your power to drive the children of active duty servicemembers to suicide, eh?
Just called my rep to tell them to vote no!