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Defense bill bans transgender medical coverage for children in military families

An aerial view of the The Pentagon, May 12, 2021. (Department of Defense photo by Air Force Tech. Sgt. Brittany A. Chase)

This story mentions suicide. If you or a loved one are suffering from thoughts of self-harm, dial 988 or visit 988lifeline.org to live chat with a mental health professional.

WASHINGTON — House Democrats will face a tough vote this week on the final compromise annual defense bill that includes pay raises for troops but also bans coverage for U.S. service members’ children who seek transgender care.

All Democrats present Tuesday opposed a procedural vote, 211-207, to advance the historically bipartisan legislation, but will need to contend with a final vote as early as Wednesday. Congress has enacted the annual package for the last 63 years.

Rep. Adam Smith, the top Democrat on the House Committee on Armed Services, said in a statement he plans to vote against the massive defense policy bill.

The Washington state lawmaker said that “blanketly denying health care to people who need it — just because of a biased notion against transgender people — is wrong.”

“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,” Smith said following the procedural vote.

President Joe Biden has not indicated whether he will sign the bill into law.

Pay raise, housing upgrades

The nearly $900 billion National Defense Authorization Act for fiscal year 2025 is set to green-light an across-the-board 4.5% pay raise to troops, plus a 10% pay hike in April for the military’s most junior soldiers.

The bill would also pave the way for upgrades in military housing and new protocols for preventing and assessing traumatic brain injuries caused by blast exposure.

Also making it into the bill’s final version were a few far-right wishlist items, including a hiring freeze on diversity, equity and inclusion positions, and a prohibition on any federal dollars used for so-called “critical race theory” in military education — though the section carves out academic freedom protections for instructors.

Trans coverage prohibition

Gaining the most attention is a four-line provision in the 1,800-page package that would expressly prohibit coverage for minors under the military’s TRICARE health program for “medical interventions for the treatment of gender dysphoria that could result in sterilization.” The bill does not define which interventions would be prohibited.

Gender dysphoria is defined by the medical community as incongruence between a person’s expressed gender and their sex assigned at birth. The experience often leads to mental distress, including increased risk of self-harm, according to the medical literature.

The chair of the Congressional Equality Caucus, Rep. Mark Pocan of Wisconsin, urged Democrats to vote no on the final package.

“For a party whose members constantly decry ‘big government,’ nothing is more hypocritical than hijacking the NDAA to override servicemembers’ decisions, in consultation with medical professionals and their children, about what medical care is best for their transgender kids,” Pocan said in a statement Tuesday afternoon.

Rep. Teresa Leger Fernández, one of the bill’s managers, spoke on the House floor Tuesday, decrying the provision that “fails to acknowledge that the lack of care leads to death, leads to suicide.”

The New Mexico Democrat accused House Republicans of thinking they know “better than the parent and the doctor as to what care your child should get. That is insulting to our Marines, to those who serve in our Navy, to those who are deployed overseas and in our bases around our own country.”

Speaker praises TRICARE ban

U.S. House Speaker Mike Johnson, during his weekly press conference Tuesday, praised “landmark investments” and the pay increase included in the bill.

“It’s really important right now. We improved housing for our military families and other benefits, and it’s also why we stopped funds from going to CRT in our military academies. We banned TRICARE from prescribing treatments that would ultimately sterilize our kids, and we gutted the DEI bureaucracy,” said the Louisiana Republican.

A Democrat-led effort to strike the transgender coverage provision failed Monday in the House Committee on Rules.

Smith told the committee that the provision is “fundamentally wrong” because gender dysphoria is widely recognized by medical professionals.

“The treatments that are available for it, including puberty blockers and hormone therapy, and also psychiatric help, have proven to be incredibly effective at helping young people, minors, who are dealing with suicidal thoughts, dealing with causes of massive confusion that have led them to have anxiety and depression,” said Smith.

Treatment options include mental health therapy, hormone therapy and surgery, though the World Professional Association for Transgender Health only recommends adolescent surgery under narrow circumstances that must meet numerous criteria. Some gender-affirming surgery causes sterilization, and the association recommends counseling for adolescents and their families about limited options to preserve fertility.

Smith told the committee Monday that anywhere from 6,000 to 7,000 children of U.S. service members are currently receiving treatment for gender dysphoria. The House Armed Services Committee did not respond to a request for further explanation of that number.

Gender-affirming care was not covered by military health insurance for service members’ children until September 2016. A statistical analysis published in JAMA Pediatrics in March 2019 concluded that just over 2,500 military-affiliated youth received the treatment between October 2009 and April 2017 during roughly 6,700 separate office visits.

As DEI efforts are targeted, DPI is recognized for diversity commitment

Underly accepted the 2024 Diversity Award from the State Council on Affirmative Action on behalf of her agency. (Screenshot via Wisconsin DOA YouTube)

Department of Public Instruction Superintendent Jill Underly became tearful Friday while speaking about a friend she knew in high school, who was kicked out of her home after coming out as gay to her parents.

“Her parents were furious. They said it went against everything they believed, everything they hoped for her, and when she started to cry her dad said, ‘I want you to give us the key’ and she said, ‘My key? My key to my car?’ and her mom chimed in and said, ‘No, the key to our house.’” Underly said, adding that the friend had to stay on another friend’s couch. 

“When I saw her at school, she was so tired and worried. She said she missed her dog. She missed her bed. She missed her brother,” Underly said. “What this story teaches us is the critical lesson — inclusion begins at home. Our families play a critical role in fostering an environment of love and acceptance for everyone and other identities. But what about our schools? What about our teachers?” 

Underly was accepting the 2024 Diversity Award from the State Council on Affirmative Action on behalf of her agency. She noted that many Wisconsin children are continuing to deal with mental health challenges with students of color and LGBTQ+ students facing disproportionate challenges. 

“There’s so many kids who cannot be themselves at home, so they see school as that safe place of belonging,” Underly said.

The council established the Diversity Award in 2000 to “recognize state agencies, Wisconsin Technical Colleges and UW campuses for their strong commitment to the recruitment, retention and promotion of a diverse workforce as measured by the creation of programs, initiatives and practices.” 

This year DPI received the award because of its work on its 2024-26 Equity and Inclusion Strategic Plan. The agency developed the plan in accordance with Executive Order 59, which Gov. Tony Evers signed in 2019. The order requires state agencies to create equity and inclusion plans and other strategic plans, analyze how much is spent by agencies for DEI activities, including for staffing, and review reported outcomes resulting from DEI activities. 

DPI’s plan laid out the current status of diversity of the agency and laid out specific goals and actions that it could take to improve equity and inclusion, including addressing disparities throughout its hiring process, improving retention of staff from underrepresented and historically marginalized groups and fostering an inclusive community and creating a culture that is “respectful, free of bias and where accountability is present at all levels of the agency.” 

“While a significant portion of public school students identify as being of color or of mixed races, a much smaller percentage of DPI staff and teachers reflect this diversity. Addressing this imbalance is vital,” the plan states. “To effectively serve all students, especially those from historically marginalized groups, it is crucial to enhance staff diversity throughout the educational system, from the DPI down to individual classrooms.” 

The plan notes that among 576 permanent DPI employees in 2021-2023, an average of 11% were staff of color, 18% had disabilities and 3% were veterans.  

One way the agency could improve its workforce diversity is by increasing outreach to and visibility of the state application and hiring process for DPI positions, the plan suggests. 

Underly thanked Gov. Tony Evers for his dedication to diversity, equity and inclusion in her speech and said the award is a “testament to the dedicated efforts that the team at DPI, who built and continue to implement our equity and inclusion plan with passion and purpose.” 

“We aren’t afraid of the politics, and we will support diversity. We will support equity. We will support inclusion and we will support belonging for employees, for our teachers across the state and for every single child,” Underly said. 

The celebration of the agency’s DEI efforts comes in a year when efforts to foster diversity have been increasingly targeted by Republicans in the state. In May, Republicans launched an audit to look at DEI initiatives throughout state government, including to determine specific activities that are being performed in compliance with Executive Order 59.

At the time, Sen. Eric Wimberger (R-Green Bay) called DEI a “neo-Marxian philosophy meant to pit one socially-constructed class against another,” and said that Evers’ executive order “divided Wisconsinites into identity groups against each other’s benefit.” 

Lawmakers in the last legislative session also introduced a bill to eliminate DEI statements and a proposed constitutional amendment to eliminate DEI throughout state agencies. 

DPI’s interim communications director Chris Bucher told the Examiner in an email Friday that it “would probably be safe to assume” that similar efforts will come forward next legislative session as “some continue to seek to divide instead of bring us together.” 

“All kids belong in Wisconsin’s schools, no matter their background, and our schools are some of the most diverse places. As you have seen with bills and rhetoric the last few legislative sessions, promoting inclusion and belonging in our schools has been coined by some as a negative thing,” Bucher wrote.

Bucher said the work of the department would not be affected by efforts to “minimize the unique backgrounds and perspectives of kids in our schools and meet their individual needs,” and that that the department would continue to advocate for inclusion. 

“Our diversity is a strength, and as the needs of kids continue to grow, finding ways to improve belonging in our schools is critical,” he said. “We will continue advocating for our diverse schools to be places where all perspectives are welcome, and the provisions outlined in Dr. Underly’s budget proposal are a good starting point in achieving our goals.” 

Underly has proposed spending an additional $4 billion for education, including increasing the state’s share of funding for special education, creating additional mental health supports, and implementing free school meals for all students and early literacy initiatives.

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