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Biden Approves Defense Bill With Transgender Care Limitation

 December 25, 2024
On Monday, President Biden signed a sweeping $895 billion defense authorization bill that includes a contentious provision impacting transgender health care for military children.The bill, challenged by critics for restricting transgender medical care, nonetheless garnered substantial bipartisan support in Congress, The Hill reported.

A Controversial Addition to Military Health Care

The NDAA, however, carries a controversial provision introduced by Speaker Mike Johnson (R-La.), which prohibits the use of TRICARE funds for gender-affirming care for children under 18 of military personnel. This last-minute addition has sparked significant backlash from several Democratic lawmakers and LGBTQ+ advocates.

Democrats such as Sens. Tammy Baldwin, Elizabeth Warren, and Ed Markey rallied against this provision, proposing amendments to remove it, which ultimately failed. Advocates argue that this measure discriminates against transgender individuals, directly contradicting Biden’s previous commitments to protect transgender rights.

President Biden’s Reluctant Endorsement

Despite reservations, President Biden opted to sign the bill into law. He expressed his support for the NDAA's primary goals but noted his concerns about specific provisions, including those affecting transgender health care and the handling of Guantánamo Bay detainees.

“I am pleased to support the critical objectives of a bill that typically enjoys bipartisan support but noted that provisions in this year's NDAA, including the transgender health care restriction, raise concerns,” Biden stated, highlighting the challenge of balancing policy priorities with political realities.

Impact on Military Families and Service Members

Kelley Robinson, a prominent critic of the bill, expressed disappointment in the administration, stating, “President Biden and Congress have failed military families. For them, this law is not about politics – it’s about losing the freedom to make their own health care decisions.”

Rachel Branaman echoed this sentiment, criticizing the law for creating “significant hardships for thousands of people who protect us every day.” She emphasized that lawmakers have ignored the needs of the most marginalized and at-risk individuals in favor of political expediency.

Legislative Details and Broader Implications

The NDAA also features several other significant elements: a 14.5% pay raise for junior enlisted troops, a 4.5% increase for other ranks, and considerable funding for the U.S. military presence in the Indo-Pacific. It also aims to expand the fleet with new warships, aircraft, and vehicles.

Moreover, the legislation imposes a ban on the Defense Department from promoting critical race theory in its educational programs and institutes a yearlong hiring freeze for positions related to diversity, equity, and inclusion.

Continued Advocacy and Legislative Challenges

Rep. Mark Pocan voiced his dissatisfaction, pointing out the misplaced priorities of the current administration: “Today, Speaker Johnson got one of his top priorities signed into law. Not something to curb the rising cost of groceries—no, it was a restriction on necessary medical care for the children of those serving our nation.” He vowed that the Equality Caucus would continue to fight against the provision.

The passage of the NDAA, with its controversial elements, highlights the ongoing debates within the U.S. political landscape over military policy and transgender rights. While the bill advances many critical defense initiatives, the discord over specific provisions underscores the complexities of legislating in a diverse and polarized society.