The defense funding bill passed yesterday by the U.S. Senate includes a provision that would severely restrict service members with transgender children from providing them with all care that may be deemed medically necessary. It is now up to President Biden to decide whether to sign it.
The National Defense Authorization Act (NDAA), annual legislation that is required to fund the military, passed 85 to 14 on December 18. This year’s $895 billion bill (PDF) includes an amendment from House Speaker Mike Johnson (R-LA), stating that under TRICARE, the military’s health insurance program, “Medical interventions for the treatment of gender dysphoria that could result in sterilization may not be provided to a child under the age of 18.”
Journalist Mira Lazine, writing at transgender news site Erin in the Morning, observed, “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.”
Senator Tammy Baldwin (D-WI), who, along with 24 colleagues, had introduced an unsuccessful amendment to remove the provision, said in a statement, “Let’s be clear: we’re talking about parents who are in uniform serving our country who have earned the right to make the best decisions for their families. I trust our servicemembers and their doctors to make the best healthcare decisions for their kids, not politicians.”
To me, that’s exactly what the issue boils down to: an attempt by Republicans to dictate what should be a matter between parents, their children, and their medical professionals.
Baldwin’s office said that the legislation would impact an estimated 6,000 to 7,000 transgender children of servicemembers, who “would not be able to access the health care that their parents had approved.” It would also impact transgender service members themselves if they are under 18; the minimum age for enlistment is 17.
Olivia Hunt, Advocates for Trans Equality’s director of federal policy, explained further:
Denying lifesaving, medically necessary care to trans members of military families creates profound hardships, forcing service members to make impossible choices between their duty and the health and wellbeing of their loved ones. Politicizing access to evidence-based healthcare undermines the principles of fairness, dignity, and respect that our nation aspires to. No one should have to choose between their duty and protecting their family.
And Rachel Branaman, executive director of the Modern Military Association of America (MMAA), asserted:
While the NDAA includes benefits like pay raises and access to childcare, these will be negated for families forced to pay out-of-pocket for essential care or travel to access it. The state-by-state approach to basic human rights and healthcare access is fundamentally incompatible with the realities of military life. Unlike other Americans, military families do not have the luxury of choosing where they live.
The MMAA also noted:
Beyond the personal hardships and injustices this ban will create, it also directly impacts military readiness. By forcing families to choose between their military careers and their children’s healthcare, this bill would hamper recruitment and decrease retention in our all-volunteer force. Families have made it clear that they will choose healthcare for their loved ones over their careers if this provision is passed.
An overwhelming number of major medical associations support gender-affirming health care for trans youth, GLAAD reminds us. If you want to learn more about the impact of such care (and the impact of broader affirmation and support) on trans youth, I recommend these two recent books:
- Trans Kids, Our Kids: Stories and Resources from the Frontlines of the Movement for Transgender Youth, by Adam Polaski, Alexis Stratton, and Jasmine Beach-Ferrara of the Campaign for Southern Equality (Ig Publishing), a vital and informative look at the real youth and families impacted by anti-trans laws.
- American Teenager: How Trans Kids Are Surviving Hate and Finding Joy in a Turbulent Era, by Nico Lang (Abrams), which offers in-depth portraits of eight trans youth and their families.
For more resources for and about trans service members and veterans, visit the Advocates for Trans Equality Military and Veterans resource guide.
