Skip to main content

Equality Caucus Condemns Passage of Military Construction & Veterans Affairs Appropriations Bill

July 27, 2023

WASHINGTON, DC Today, the Congressional Equality Caucus released the following statement condemning House passage of H.R. 4366, the Military Construction, Veterans Affairs, and Related Agencies appropriations bill.

"This bill is an attack on LGBTQ+ veterans and their families. LGBTQ+ veterans bravely served this country, but extreme MAGA Republicans have made clear they don't believe these veterans deserve our government's support," said Equality Caucus Chair Mark Pocan (WI-02). "The anti-equality provisions in this bill are bigoted. Period."

"This Republican bill failed the servicemembers and their families who need facilities that keep them safe and well-trained and our equipment protected and it fell short in supporting efforts to ensure VA can provide care for all our veterans. Even worse, MAGA extremists freighted this once-bipartisan Military Construction and VA spending bill with cruel, anti-equality riders. Rather than solve recruitment and retention issues or confront a climate change threat our armed forces face, this bill bans medically necessary gender-affirming care and flying Pride flags, and basically hands out licenses to discriminate against the LGBTQ+ community," said Equality Caucus Vice Chair and Ranking Member of the House Appropriations Military Construction, Veterans Affairs, and Related Agencies Subcommittee Debbie Wasserman Schultz (FL-25). "This bill falls short for all those who once and now proudly protect us, but it is an especially shameful insult to all our brave LGBTQ+ veterans."

The Military Construction, Veterans Affairs, and Related Agencies bill included the following riders:

"License to Discriminate" Riders – Sec. 416

This rider creates a license for people and organizations—including those receiving taxpayer funds—to discriminate against LGBTQI+ 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 LGBTQI+ people if the organization justifies their discrimination based on the belief that marriage should only be between a man and a woman. For example:

  • If an organization that has a contract to provide counseling services for veterans refuses to work with servicemembers who are in same-sex relationships, the government could not reduce or terminate the contract even though the contractor was not performing the duties specified in the contract.
  • If a benefits counselor refuses to process benefits-related applications and changes for the same-sex spouse of a veteran, the counselor could not be penalized for this conduct.

Gender-Affirming Care Rider – Sec. 259

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.

Pride Flag Riders – Sec. 260

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

When anti-equality politicians attacked the Department of Veterans Affairs for voluntarily displaying Pride flags at VA facilities, the VA press secretary explained "VA facilities fly the flag as a symbol of VA's commitment to inclusion and as a tribute to the service and sacrifice of LGBTQ+ Veterans, their families, caregivers, and survivors."

DEI EO Riders – Sec. 414

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

All these Executive Orders are LGBTQI-inclusive.

###