WASHINGTON — A massive defense policy bill that cleared the House on Wednesday includes a ban on gender-affirming care for children of servicemembers — a provision that sparked opposition from the top Democrat on the House Armed Services Committee and many others in the party.
The bill passed 281-140.
The sweeping must-pass bill — known as the National Defense Authorization Act or NDAA — authorizes spending for the Defense Department and sets defense policies before they expires at the end of the year. It now heads to the Democratic-controlled Senate and must by signed by President Joe Biden to become law.
The bill was negotiated between senior House and Senate lawmakers. But Rep. Adam Smith, D-Wash., the former Armed Services chairman who is now the panel’s ranking member, said he would oppose passage of the NDAA because it includes the ban on gender-affirming care.
“[B]lanketly denying health care to people who need it — just because of a biased notion against transgender people — is wrong,” Smith said in a statement Tuesday. “The inclusion of this harmful provision puts the lives of children at risk and may force thousands of service members to make the choice of continuing their military service or leaving to ensure their child can get the health care they need.”
Speaker Mike Johnson, R-La., personally had pushed for the controversial provision to be included in the package. In his statement, Smith accused Johnson of fighting for the ban in order to appease conservatives in his conference ahead of the Jan. 3 vote to keep him as speaker for another two years.
“Rather than take that [bipartisan] path and ensure service members and military families get the support they need and deserve, he chose to pander to the most extreme elements of his party in an attempt to retain his speakership,” Smith said.
Congress typically passes the NDAA with big, bipartisan votes. House Minority Leader Hakeem Jeffries, D-N.Y., told reporters before the vote that his team was not whipping or urging rank-and-file Democratic members to vote one way or the other on the bill.
The provision in question specifically applies to Tricare, the military’s health care program and would prohibit “medical treatment for military dependents under the age of 18 who are diagnosed with gender dysphoria.”
Republicans believe that their attacks on transgender rights during the 2024 campaign helped propel them to victory. And they’re now doubling down on that strategy. After the election, Johnson issued a new policy barring transgender women from using women’s bathrooms in the House — directly targeting Rep.-elect Sarah McBride, D-Del., the first openly transgender person elected to Congress.
Johnson also played a role in the fight over a provision that would have expanded Tricare coverage to include in vitro fertilization treatment. The speaker “made dropping it a red line demand during negotiations,” according to a Senate aide familiar with the talks.
But the speaker’s office said the disagreement was more nuanced. Both the House and Senate Armed Services committees had passed separate NDAAs that included provisions making it easier for military families to access IVF treatment. However, House and Senate negotiators couldn’t reach agreement on “sufficient pro-life protections,” the speaker’s office said.
“The Speaker remains pro-IVF and has encouraged states to take up the issue responsibly and ethically,” a Johnson spokesman said.
