An anti-Trans provision within the National Defense Authorization Act (NDAA), which would prevent the children of military servicemembers from receiving gender-affirming care, is heading to President Biden's desk. Both Washington senators voted in favor of its passage.

Now, America's Transgender community watches on, waiting to see if Biden will veto it — as he has previously promised to do when it comes to anti-Trans federal legislation.

"This decision to pass this NDAA was a grave mistake — one that preemptively concedes to an administration that will surely test our nation's values and our commitment to a multiracial, gender-diverse democracy," Jaelynn Scott, executive director of the Lavender Rights Project, a Seattle-based organization that's dedicated to protecting the lives of Black Trans community members, said in a press release.

Back in Pride Month, the Senate Committee on Armed Services approved the NDAA for fiscal year 2025, with an anti-Trans provision in Section 708. Under TRICARE, the health insurance program for active-duty servicemembers, among others, minors are to be prevented from receiving hormone therapy, puberty blockers, and gender-affirming surgeries.

"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," states Section 708.

A 2023 research study titled "Caring for Military-Affiliated Transgender and Gender-Diverse Youths: A Call for Protections," published in the American Journal of Public Health dissected TRICARE youth enrollment. In 2017, about 2,500 minors sought out care for gender dysphoria — a clinical diagnosis related to the psychological distress Transgender people may experience regarding their gender identity — under the TRICARE Prime insurance plan. An additional 900 received puberty blockers or gender-affirming hormonal therapy that year, according to the study.

Opposition

About 21 US Senate Democrats attempted to erase the provision, with Sen. Tammy Baldwin (D-WI) leading the charge. In a previously released statement, Sen. Baldwin said, "I trust our servicemembers and their doctors to make the best healthcare decisions for their kids, not politicians... Unfortunately the amendment was not brought for a vote."

In a statement to the SGN, Sen. Patty Murray said she strongly opposed the anti-Trans provision that House Speaker Mike Johnson (R-LA) inserted into the act, and that she was one of those 21.

"Attacking kids for who they are and having the government deny our military families evidence-based health care is wrong — and it's incredibly troubling that Republicans continue trying to find ways to single out and target Transgender kids to score cheap political points," Sen. Murray said..

When the final vote came, however, Sens. Maria Cantwell and Murray voted to pass it.

Disappointment

Scott said it's challenging to stem the rise of transphobia and attacks against people of color, but the Lavender Rights Project must keep a record of these harmful actions.

"This record will serve as a tool for holding those in power accountable, and for seeking justice when history, as it always does, eventually rights itself," Scott said, expressing her disappointment with the votes of Sens. Murray and Cantwell.

The Lavender Rights Project calls on our state's senators and House members who voted in favor of the NDDA, as well as those who attempted to remove the anti-Trans provision, to engage in meaningful dialogue with Trans leaders in the state.

Looking forward

The Lavender Rights Project said it wants Washington to join other states, such as Minnesota, California, and Maryland, in combatting the rise of transphobic, misogynistic, and racist policies, which requires bravery and community collaboration. The nonprofit highlighted the work of Washington Rep. Adam Smith (D-9), who fought hard to remove the anti-Trans provision.

Because of this provision, the lives of children may be put at risk, and it may force thousands of members of the military to choose between serving their country or ensuring that their children can receive healthcare they need.

"Blanketly denying healthcare to people who need it — just because of a biased notion against Transgender people — is wrong," Smith said in a December statement.

Smith called out Speaker Johnson, who he said had a clear path to the possibility of a bipartisan compromise.

"Rather than take that path and ensure [that] 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 added.

If Biden does not veto the NDAA (which is not expected), Sen. Murray said she will push to hold the Trump administration accountable for any efforts to target Trans youth.

"I will strongly oppose the inclusion of this language in any future legislation, and will fight back against any and all efforts from the Trump administration and Republicans in Congress to attack LGBTQ+ Americans simply for being who they are," she said.