September 27, 2024

Reps. Sara Jacobs, Pramila Jayapal, Mark Pocan Lead 162 Members in Push to Remove Anti-LGBTQ+ Provisions from Final NDAA

Reps. Sara Jacobs (CA-51) and Pramila Jayapal (WA-07), the Co-Chairs of the Transgender Equality Task Force, and Rep. Mark Pocan (WI-02), Chair of the Congressional Equality Caucus, led 162 Members of Congress in a push to remove anti-LGBTQ+ measures from the final version of the FY2025 National Defense Authorization Act (NDAA).

In a letter to House and Senate Armed Services Committee leadership, the lawmakers called for the removal of provisions targeting LGBTQ+ service members and dependents that will undermine the military’s recruitment, retention, and readiness. 

The lawmakers wrote:

“As the House and Senate prepare to negotiate the final Fiscal Year (FY) 2025 National Defense Authorization Act (NDAA), we write to strongly urge the removal of provisions that actively target LGBTQ+ service members and LGBTQ+ dependents and threaten the recruitment, retention, and readiness of our Armed Forces. They include:

  • Provisions restricting medically necessary care for transgender servicemembers or their family members: H.R. 8070 (as engrossed in the House) §§ 713 and 579C; S. 4638 (as reported to the Senate) §§ 708 and 709.
  • A provision removing the discretion of military chain of command and senior civilian leadership to approve the display of certain flags, thus banning the pride flag: H.R. 8070 (as engrossed in the House) § 1049D.
  • A provision enacting a transgender book ban: H.R. 8070 (as engrossed in the House) § 579B.
  • A provision establishing a statutory ban on Drag shows: H.R. 8070 (as engrossed in the House) § 1754.

“These sections of the NDAA were constructed to score political points rather than support and invest in our most important operational advantage: our service members. The U.S. government should not prohibit our service members from accessing medically necessary care, especially care that is safe, effective, and supported by every major medical association in the U.S., representing more than 1.3 million doctors. The care transgender service members receive is essential for them to be their authentic selves and focus on their mission. Denying this access to health care would deter transgender people from joining the Armed Forces, damage retention

efforts, and hurt our military readiness. As our nation faces recruitment and retention challenges, attacking transgender people—who are more likely to serve in the U.S. military than cisgender people—is a grave mistake.

“In addition, denying this care to the transgender dependents and spouses of service members will also undermine our recruitment and retention efforts, as people will not join or remain in the Armed Forces if their family members are unable to receive the care they and their doctors agree is necessary.

“The federal government should be working to ensure all service members and their families can thrive. This includes working to ensure that LGBTQ+ service members and family members feel welcome in the military and that symbols and art forms related to the LGBTQ+ community are not singled out for censorship.

“If service members are concerned for their health care, their right to exist, or the well-being of their children and loved ones, they cannot focus on their jobs, thereby weakening military readiness and retention rates. Ensuring our ranks reflect the diversity of the American people is essential to the morale and cohesion of our Armed Forces and to our national security.

“We strongly urge you to remove these harmful sections from the NDAA during conference negotiations.”

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