Equality Caucus Condemns Passage of Defense Appropriations Bill

WASHINGTON, DC – Today, the Congressional Equality Caucus released the following statement condemning House passage of H.R. 4365, the Department of Defense Appropriations Act, 2024.

"This bill is an attack on LGBTQ+ servicemembers and their families. Extreme MAGA Republicans don't believe we should support LGBTQ+ servicemembers who bravely put their lives on the line for everyone in this country," said Equality Caucus Chair Mark Pocan (WI-02). "They've even gone as far as to ban medical-necessary care for our transgender servicemembers and their families out of malice towards the community. Simply put, the anti-equality provisions in this bill are un-American and bigoted."

The Department of Defense bill included the following riders in the base text of the bill:

"License to Discriminate" Riders – Sec. 8151

This rider creates a license for people and organizations—including those receiving taxpayer funds—to discriminate against LGBTQ+ people under the guise of religious liberty, and they prevent the federal government from adequately responding. For example, they prohibit the federal government from reducing or terminating a federal contract or grant with an organization that discriminates against LGBTQ+ people if the organization justifies their discrimination based on the belief that marriage should only be between a man and a woman. For example:

• A benefits specialist could not be terminated from employment for refusing to file paperwork for spousal benefits for a servicemember who is newly married to someone of the same sex.
  
• If a subcontractor turns away same-sex spouses of servicemembers at the gym on base, the service could not request the contractor use an alternate subcontractor in the future.

Gender-Affirming Care Rider – Sec. 8143

This rider prohibits funds made available by the bill from being used "for surgical procedures or hormone therapies for the purposes of gender affirming care."

Access to gender-affirming care is critical, medically necessary, and often lifesaving. Gender-affirming care takes many forms and is tailored to the age and unique needs of the individual in consultation with medical doctors, mental health professionals, and—in the case of youth seeking care—parents. While not all transgender people access this care, many do over the course of their lifetimes.

Every major medical and mental health association in the U.S., representing more than 1.3 million U.S. doctors, supports age-appropriate gender-affirming care for transgender people. This includes the American Medical Association, the American Academy of Pediatrics, the American Psychological Association, the American Psychiatric Association, the American Academy of Child and Adolescent Psychiatry, and the Endocrine Society, among other organizations.

Drag Show Riders – Sec. 8144

This rider "prohibits funds appropriated by the Act from being used to support events "that violate the Department of Defense Joint Ethics Regulation or bring discredit upon the military, such as a drag queen story hour for children or the use of drag queens as military recruiters."

More than 40 anti-drag bills have been introduced across the country this year, and several have been signed into law. These attacks are part of a wave of anti-LGBTQI+ legislation; more than 520 anti-equality bills have been introduced in the states this year and more than 75 have been signed into law. Proponents of drag bans have falsely accused drag queens of "grooming children" and have falsely labeled all drag shows as sexually explicit.

Pride Flag Riders – Sec. 8152

This rider prohibits funds from being used to fly Pride flags at covered facilities.

Flying Pride flags is a way for the Department of Defense to illustrate its commitment to inclusion of LGBTQ+ servicemembers and their families. LGBTQ+ people deserve to be seen, valued, and represented for their contributions.

DEI EO Riders – Sec. 8142

This rider prohibits funds appropriated by the bill from being made available to implement, administer, apply, enforce, or carry out:

• Executive Order No. 13985, "Advancing Racial Equity and Support for Underserved Communities Through the Federal Government"
  
• Executive Order No. 14035, "Diversity, Equity, Inclusion, and Accessibility in the Federal Workforce;" and
  
• Executive Order No. 14091, "Further Advancing Racial Equity and Support for Underserved Communities Through The Federal Government"

All these Executive Orders are LGBTQI-inclusive.

The House of Representatives also considered the following amendments to the Department of Defense appropriations bill on the floor:

Boebert #152 (Rules #74) would reduce the salary of Shawn Skelly, Assistant Secretary of Defense for Readiness, to $1. Ms. Skelly is the highest-ranking out transgender official at the Department of Defense. REJECTED

Norman #169 (Rules #257) would prohibit funds from being used to provide gender-affirming care—including puberty blockers, hormone therapy, and surgeries—to a servicemembers' child enrolled in the Exceptional Family Member Program (EFMP), or to provide a referral for such care. The amendment would further prohibit funds from being used to approve servicemembers being reassigned to a different duty station via EFMP in order to provide their dependent child with gender-affirming care. ADOPTED

Roy #175 (Rules #169) would prohibit funds from being used to "carry out the observance of Pride Month as specified in the Cultural Observances and Awareness Events List of the Department of Defense and authorized by the Under Secretary of Defense for Personnel and Readiness." REJECTED

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