Senate Includes Anti-Trans Health Provisions in Defense Bill
Senator Joe Manchin sides with Republicans to approve amendments aimed at making it more difficult for trans military members to transition.
After a Senate committee attached two amendments to the annual defense bill, the United States is closer to prohibiting coverage for gender-affirming care for transgender military members and transgender dependents of active-duty service members.
During a closed-door markup of the National Defense Authorization Act (NDAA), the Senate Armed Services Committee approved an amendment to “prohibit the use of funds available to the Department of Defense and any Department of Defense facility to perform or facilitate sex change surgeries.”
It means that any transgender adult serving in the Armed Forces will not be able to obtain coverage for gender confirmation surgeries under TRICARE, the Department of Defense’s health insurance program, and will be forced to pay out of pocket if they wish to pursue surgical interventions.
The committee also approved an amendment to prevent TRICARE from providing coverage for puberty blockers and hormones for transgender youth who are dependents of military service members, as well as “any other medical intervention for the treatment of gender dysphoria that could result in sterilization.”
Both amendments passed on 13-12 votes, with Senator Joe Manchin (I-W.V.), who technically caucuses with the Democrats, siding with all of the committee’s Republicans.
The committee considered a third amendment that would have prohibited transgender military members from changing gender in Pentagon records. That amendment failed on a 12-13 vote.
The approval of the anti-transgender amendments marks a significant political development, as the Democratic-controlled Senate has generally stood as a buffer over right-wing efforts to target the LGBTQ community.
The Republican-controlled House passed its own version of the defense bill last month, which included a number of “culture-war” issues, among them efforts to curb LGBTQ visibility in the military.
The Senate committee also approved other amendments, including one that would prohibit the establishment of new diversity, equity, and inclusion positions within the Armed Forces. Another series of amendments would require women to register for the Selective Service, although it’s unclear whether there is enough support in the Senate for such a proposal.
The anti-transgender provisions in the Senate bill set up the potential for drama on the Senate floor.
If all 49 Republicans and Manchin were to vote in favor of the amendments prohibiting coverage for gender-affirming care, and all remaining members of the Democratic caucus, including independent Sen. Kyrsten Sinema (Ariz.), were to vote against it, Vice President Kamala Harris would have to cast the tie-breaking vote.
This situation may be further complicated by the presence or absence of Sen. Robert Menendez (D-N.J.), who has reportedly told allies he will resign after being convicted on federal corruption and bribery charges, according to NBC News. Several prominent national Democrats had previously urged Menendez to resign, and, according to Politico, about a dozen Senate Democrats were poised to vote to expel him from the body.
However, Menendez’s vote may be needed to block the anti-trans amendments. As such, the timing of Menendez’s resignation — whether before or after the final vote on the NDAA — as well as when Democratic Gov. Phil Murphy could appoint a temporary placeholder to Menendez’s seat, could impact the outcome of the vote.
There is additional uncertainty about whether moderates like Senators Susan Collins (R-Maine) or Lisa Murkowski (R-Alaska) will buck their party by voting against the amendments.
If the amendments should pass intact as part of the larger defense bill, it would put tremendous political pressure on President Joe Biden, in the midst of a re-election campaign, to allow the amendments to take effect by signing the bill into law.
If Biden did choose to veto the NDAA, it would provide Republicans an opening to paint him as insufficiently supportive of the U.S. military.
While the final outcome will depend on the vote of the full Senate, a ban on gender-affirming care for military members is much closer to becoming law than it has been in recent years.
The Modern Military Association of America, an advocacy group for LGBTQ service members and their families, blasted the approval of the Senate amendments, calling on the full body to defeat the amendment on the floor.
“We urge lawmakers to remove these amendments from the NDAA and recognize the critical importance of gender-affirming care for transgender individuals,” the organization said in a statement.
Editor’s note: This story was updated to include additional information about the status of Sen. Robert Menendez.
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