New Republican Bill to Revive Trump-Era Restrictions on Transgender Military Service

U.S. Army Paratroopers deploy from Pope Army Airfield, N.C., on Jan. 1, 2020. Capt. Robyn Haake/U.S. Army/AFP via Getty Images

Republican members of Congress are proposing a bill that would bar people with gender dysphoria from serving in the military, with few exceptions.

The bill, called Ensuring Military Readiness Act of 2023, is largely built on policies during President Donald Trump’s first term. President Joe Biden overturned those policies with an executive order shortly after his inauguration, allowing people who identify as transgender or experience gender dysphoria to serve openly in their preferred gender.

Under the legislation (pdf), people who are seeking or have undergone “gender transition” will be disqualified from military service. Those with a history of diagnosis of gender dysphoria may still enlist, but only if they have been “stable” for 36 consecutive months.

As for those diagnosed with gender after entering into service, they may continue to serve if they meet all the mental and physical standards corresponding to their biological sex, while also not seeking any medical or surgical “gender transition,” including cross-gender hormones.

The bill’s lead sponsor, Sen. Marco Rubio (R-Fla.), said in statement Thursday that the measure is meant to ensure all service members’ gender markers match their biological sex.

Rubio also argued the changes are necessary because America’s armed forces must maintain certain standards for service members in order to counter threats from foreign adversaries.

“The military has strict standards for who can and cannot qualify to serve. For example, under President Biden, you can’t serve with a peanut allergy,” the Florida Senator said, accusing Biden of turning the military into “a woke social experiment.”

“We need to spend more time thinking about how to counter threats like China, Russia, and North Korea and less time thinking about pronouns.”

Rubio was joined by cosponsors Sens. Marsha Blackburn (R-Tenn.), Ted Budd (R-N.C.), Tommy Tuberville (R-Ala.), and Mike Braun (R-Ind.).

A House version of the bill was introduced by Rep. Jim Banks (R-Ind.), who argued that the question of whether people suffering from gender dysphoria should serve is a medical one and should not be made political.

“Americans who were treated for ADHD in the past two years must receive a waiver to enlist,” said Banks, a member of Congressional Veterans Caucus who served in Afghanistan as a U.S. Navy Reserve supply corps officer. “Our military holds recruits to stringent medical standards for a reason and the Biden administration’s special carveout for those suffering from gender dysphoria was purely political.”

By contrast, Defense Secretary Lloyd Austin embraced the idea that an “inclusive military” strengthens instead of weakens national security, saying that he “fully supports” Biden’s decision to lift Trump-era restrictions.

“The United States armed forces are in the business of defending our fellow citizens from our enemies, foreign and domestic,” Austin said in January 2021. “I believe we accomplish that mission more effectively when we represent all our fellow citizens. I also believe we should avail ourselves of the best possible talent in our population, regardless of gender identity.”

“This is the right thing to do. It is also the smart thing to do,” he argued.