House Republicans added a provision to the annual must-pass military spending bill, filed over the weekend, that would prohibit the children of U.S. service members from accessing gender-affirming healthcare interventions.

President Joe Biden has promised to veto legislation that discriminates against the trans community, and the likelihood that the bill would pass through the U.S. Senate is uncertain with Democrats controlling the upper chamber until the 119th Congress is convened on Jan. 3.

Nevertheless, the GOP’s National Defense Authorization Act was passed along party lines by the U.S. House Rules Committee on Monday night, and a floor vote could come as early as Tuesday.

During the hearing yesterday, the committee’s top Democrat, U.S. Rep. Adam Smith (Wash.) said the NDAA negotiated by the chairs and ranking members of the House and Senate Armed Services Committees did not include this provision barring gender-affirming care and it was House Speaker Mike Johnson (R-La.) who insisted that it be added after the fact.

Meanwhile, Senate Majority Leader Chuck Schumer (D-N.Y.) is urging House Republicans to attach the Antisemitism Awareness Act, which is aimed at college campuses, to the NDAA, but Johnson reportedly wants the Democratic leader to put the bill to a floor vote on its own — a move that would inhibit his party’s ability to confirm as many judicial nominees as possible before control of the upper chamber changes hands.

Smith’s office published a statement objecting to the anti-transgender language added by the Republican leader:

“For the 64th consecutive year, House and Senate Armed Services Committee Democrats and Republicans worked across the aisle to craft a defense bill that invests in the greatest sources of America’s strength: Service members and their families, science and technology, modernization, and a commitment to allies and partners.  

Rooted in the work of the bipartisan Quality of Life Panel, the bill delivers a 14.5 percent pay raise for junior enlisted service members and 4.5 percent pay raise for all other service members. It includes improvements for housing, health care, childcare, and spousal support.

House Armed Services Democrats were successful in blocking many harmful provisions that attacked DEI programs, the LGBTQ community, and women’s access to reproductive health care. It also included provisions that required bipartisan compromise. And had it remained as such, it would easily pass both chambers in a bipartisan vote.

However, the final text includes a provision prohibiting medical treatment for military dependents under the age of 18 who are diagnosed with gender dysphoria. Blanketly denying health care to people who clearly need it, just because of a biased notion against transgender people, is wrong. This provision injected a level of partisanship not traditionally seen in defense bills. Speaker Johnson is pandering to the most extreme elements of his party to ensure that he retains his speakership. In doing so, he has upended what had been a bipartisan process.

I urge the speaker to abandon this current effort and let the House bring forward a bill — reflective of the traditional bipartisan process — that supports our troops and their families, invests in innovation and modernization, and doesn’t attack the transgender community.”

The Congressional Equality Caucus spoke out against the Republican NDAA with a statement by the chair, openly-gay U.S. Rep. Mark Pocan (D-Wis.), who said “In the last 72 hours, brave Americans who serve our nation in uniform woke up to the news that Republicans in Congress are trying to ban healthcare for their transgender children.”

Pocan continued, “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. The Congressional Equality Caucus opposes passage of this bill, and I encourage my colleagues to vote no on it.”

Human Rights Campaign President Kelley Robinson also issued a statement, arguing that “This legislation has been hijacked by Speaker Mike Johnson and anti-LGBTQ+ lawmakers, who have chosen to put our national security and military readiness at risk for no other reason than to harm the transgender kids of military families.”

“The decisions that families and doctors make for the wellbeing of their transgender kids are important and complex, especially so for military families, and the last thing they need is politicians stepping in and taking away their right to make those decisions,” she said.

“When this comes up in the full House, lawmakers need to vote down this damaging and dehumanizing legislation,” Robinson added.

“This is a dangerous affront to the dignity and well-being of young people whose parents have dedicated their lives to this country’s armed forces,” said Mike Zamore, national director of policy and government affairs at the American Civil Liberties Union.

“Medical care should stay between families and their doctors but this provision would baselessly and recklessly inject politics into the health care military families receive,” he said. “Nobody should have to choose between serving the country and ensuring their child has the health care they need to live and thrive. Members of Congress must vote against the defense bill because of the inclusion of this deeply harmful, unconstitutional provision.”

About 15 protestors affiliated with the Gender Liberation Movement were arrested on Thursday for protesting the anti-trans bathroom policy that was introduced by U.S. Rep. Nancy Mace (R-S.C.) and enacted last month by U.S. House Speaker Mike Johnson (R-La.).

Whistleblower Chelsea Manning and social justice advocates Raquel Willis and Renee Bracey Sherman were among those who were arrested in the women’s bathroom and the hallway outside Johnson’s office in the Cannon House Office Building.

Demonstrators held banners reading “FLUSH BATHROOM BIGOTRY” and “CONGRESS: STOP PISSING ON OUR RIGHTS!” They chanted, “SPEAKER JOHNSON, NANCY MACE, OUR GENDERS ARE NO DEBATE!” and “WHEN TRANS FOLKS ARE UNDER ATTACK WHAT DO WE DO? ACT UP, FIGHT BACK!”

Protests began around 12:10 p.m. ET. Within 30 minutes, Capitol Police arrived on the scene, began making arrests, and cleared the area. A spokesperson told Axios the demonstration was an illegal violation of the D.C. code against crowding, obstructing or incommoding.

Mace and her flame-throwing House GOP allies have said the bathroom policy was meant to target Sarah McBride, the Delaware state senator who will become the first transgender member of Congress after she is seated in January.

LGBTQ groups, elected Democrats, and others have denounced the move as a bigoted effort to bully and intimidate a new colleague, with many asking how the policy’s proponents would enforce the measure.

Outside her office in the Longworth House Office Building, the Washington Blade requested comment from Mace about the protests and arrests.

“Yeah, I went to the Capitol Police station where they were being processed, so I’ll be posting what I said shortly,” the congresswoman said.

Using an anti-trans slur, Mace posted a video to her X account in which she says, “alright, so some tranny protestors showed up at the Capitol today to protest my bathroom bill, but they got arrested — poor things.”

“So I have a message for the protestors who got arrested,” the congresswoman continued, and then spoke into a megaphone as she read the Miranda warning. “If you cannot afford an attorney — I doubt many of you can — one will be provided to you at the government’s expense,” she said.

“Everyone deserves to use the restroom without fear of discrimination or violence. Trans folks are no different. We deserve dignity and respect and we will fight until we get it,” Gender Liberation Movement co-founder Raquel Willis said in a press release.

“In the 2024 election, trans folks were left to fend for ourselves after nearly $200 million of attack ads were disseminated across the United States,” she said. “Now, as Republican politicians, try to remove us from public life, Democratic leaders are silent as hell.”

Willis continued, “But we can’t transform bigotry and hate with inaction. We must confront it head on. Democrats must rise up, filibuster, and block this bill.”

House Speaker Mike Johnson (R-La.) has barred transgender women from using women’s restrooms on the House side of the U.S. Capitol and the House office buildings, his office announced in a statement on Wednesday.

The move comes on Transgender Day of Remembrance, which memorializes those who have been murdered as a consequence of transphobia.

“All single-sex facilities in the Capitol and House office buildings — such as restrooms, changing rooms, and locker rooms — are reserved for individuals of that biological sex,” Johnson said.

The speaker added, “It is important to note that each member office has its own private restroom, and unisex restrooms are available throughout the Capitol. Women deserve women’s only spaces.”

Asked how the measure would be enforced, Johnson declined to specify, telling reporters that “like all House policies, it’s enforceable.”

Wednesday’s announcement comes two days after U.S. Rep. Nancy Mace (R-S.C.) introduced a proposal to exclude trans women from women’s restrooms on Capitol Hill.

The congresswoman said her policy was partially designed to target incoming Delaware Congresswoman Sarah McBride, who will be the first trans member of Congress when she is seated in January.

Mace and other House Republicans who endorsed her proposal, like U.S. Rep. Marjorie Taylor Greene (R-Ga.) used transphobic language when discussing McBride and deliberately misgendered her.

McBride responded on X that the effort is a distraction from the more pressing work in which Congress should be engaged.

Several House Democrats leapt to her defense, from the openly gay and lesbian members of the Congressional Equality Caucus to the Minority Leader Hakeem Jeffries (D-N.Y.) and U.S. Rep. Alexandria Ocasio-Cortez (D-N.Y.), with the latter two calling the bill “bullying.”