House Votes To End Trump’s Transgender Military Ban

The U.S. House of Representatives voted on Thursday to approve an amendment to the 2021 Defense appropriations bill to effectively end the Trump administration’s ban on transgender people who want to serve openly in the U.S. military.

The amendment to the $695 billion Defense spending bill, which was introduced by Rep. Jackie Speier, the Democrat from California who is chairwoman of the House Armed Services Military Personnel Subcommittee, was adopted by a voice vote. Politico reported that although House Republicans opposed the measure, they opted to not demand a roll call vote.

If it were to become law, Speier’s bill would block the Pentagon from using Congressionally-approved funds to implement the severe restrictions on trans military service implemented in April 2019. Those restrictions bar trans Americans from joining any branch of the armed forces and also keeps some who are already serving openly from remaining enlisted. Waivers are rare.

“The military has granted only one waiver to a transgender servicemember, exposing the President’s discriminatory policy for what it is — a virtual ban on military service by brave transgender Americans,” Rep. Speier told Roll Call prior to the vote.

According to Politico, Speier’s measure is one of three dozen Democratic amendments to the six-bill, $1.3 trillion spending measure the House is expected to pass on Friday.

Democrats are trying a different tactic than last year, in which they tied the proposal to the National Defense Authorization Act. This year’s annual Defense funding bill passed overwhelmingly this month.

“As our nation faces seemingly unprecedented challenges, it’s crucially important that the military return to an inclusive policy that allows any qualified patriot to serve,” said Jennifer Dane, the interim executive director of Modern Military Association of America, in a statement. MMA is the nation’s largest non-profit organization for the LGBTQ military and veteran community.

“With this vote, the U.S. House of Representatives just sent a powerful message that bigotry and discrimination should have no place in our Armed Forces,” said Dane. “We urge the full Congress to ensure this critically important amendment is passed.”

That will be a point of contention when conference negotiations with the Senate get underway.

Meanwhile, the trans military ban is now in court. MMAA and Lambda Legal are representing six currently serving members of the armed services in the case of Karnoski v. Trump, and two trans Americans who seek to enlist: Ryan Karnoski and Drew Layne. The other clients are Staff Sergeant Cathrine (“Katie”) Schmid, Petty Officer First Class Terece Lewis, Chief Warrant Officer Lindsey Muller, Petty Officer Second Class Phillip Stephens and Petty Officer Second Class Megan Winters.

Also fighting the ban alongside Lambda Legal are the American Military Partner Association, which is now part of MMAA, the Human Rights Campaign and Gender Justice League.