June 10, 2025

Warren, Democrats Fight Back with Bill to Reverse Trump, Hegseth Ban on Transgender Service Members in the Military

Fit to Serve Act would enhance national security, prohibit Trump, Hegseth from attacking members of the military based on gender identity

Text of Bill (PDF) | Bill One-Pager (PDF)

Washington, D.C. — U.S. Senator Elizabeth Warren (D-Mass.), the top Democrat for the Senate Armed Services Subcommittee on Personnel, introduced the Fit to Serve Act, a bill to support our military readiness and national security by prohibiting discrimination against transgender service members. 

Senators Tammy Duckworth (D-Ill.), Mazie Hirono (D-Hawaii), and Kirsten Gillibrand (D-N.Y.), all also members of the Senate Armed Services Committee, along with Tammy Baldwin (D-Wis.), Cory Booker (D-N.J.), John Fetterman (D-Pa.), Chris Van Hollen (D-Md.), Andy Kim (D-N.J.), Ed Markey (D-Mass.), Jeff Merkley (D-Ore.), Bernie Sanders (I-Vt.), Brian Schatz (D-Hawaii), Tina Smith (D-Minn.), and Ron Wyden (D-Ore.) joined as co-sponsors of the bill. 

Representative Adam Smith (D-Wash.), Ranking Member of the House Armed Services Committee, led the introduction of the bill in the House of Representatives with Gabe Amo (D-R.I.), Becca Balint (D-Vt.), Joe Courtney (D-Conn.), Angie Craig (D-Minn.), Suzan DelBene (D-Wash.), Maxine Dexter (D-Ore.), Laura Friedman (D-Calif.), Robert Garcia (D-Calif.), Sylvia Garcia (D-Texas), Chrissy Houlahan (D-Pa.), Sara Jacobs (D-Calif.), Hank Johnson (D-Ga.), Raja Krishnamoorthi (D-Ill.), Eleanor Holmes Norton (D-D.C.), Chris Pappas (D-N.H.), Delia Ramirez (D-Ill.), Andrea Salinas (D-Ore.), Jan Schakowsky (D-Ill.), Eric Sorensen (D-Ill.), Marilyn Strickland (D-Wash.), Mark Takano (D-Calif.), and Rashida Tlaib (D-Mich.). 

In January 2025, President Trump signed an executive order banning transgender individuals joining and continuing to serve in the military. The Department of Defense (DoD) is forcing service members in active-duty to self-identify for voluntary separation by June 6, 2025; service members in the Reserves have until July 7, 2025. 

Banning transgender service members undermines our military’s readiness. The administration’s actions hurt our national security and dehumanize the thousands of transgender service members who have made meaningful contributions to our armed forces.

While the ban continues to be litigated in federal court, the Supreme Court has allowed the DoD to begin to implement the ban, threatening the careers of thousands of service members who serve as test pilots, Navy divers, intelligence analysts, weapons specialists, combat aviators, and other critical national security roles. The ban also threatens to waste billions of taxpayer dollars invested in training these troops, who have spent decades in the military, deployed multiple times, and commanded large numbers of troops. 

Former Pentagon officials have testified that allowing transgender service members to openly serve “fosters openness and trust among team members, thereby enhancing unit cohesion” and that “transgender service members who meet the standards required for their positions serve effectively and contribute positively to unit readiness.”  To ensure the United States can continue to benefit from the service of transgender individuals, who have raised their hand to defend and protect their country and meet the same rigorous standards as their peers, the Fit to Serve Act prohibits DoD from: 

  • Banning transgender service members from the military; 
  • Prescribing qualifications for service on the basis of gender identity; 
  • Denying necessary health care for service members on the basis of gender identity; 
  • Forcing a service member to serve in their sex assigned at birth; or 
  • Otherwise discriminating against service members on the basis of gender identity.

“We recruit and train the best and bravest to protect our country – losing highly qualified service members, who meet strict standards to join the military, makes us less safe,” said Senator Warren. “While Trump plays politics with our troops, I'm fighting back to make clear that anyone who is qualified to serve should be able to regardless of who they are.”

“Banning transgender Americans from serving in our military, and forcing current service members to quit serving, is a cruel attack on the very people who have dedicated their lives to defending our country,” said Senator Booker. “Transgender service members meet the same rigorous standards as their peers and have served our country with honor for years. The Fit to Serve Act is critical legislation to prevent the Department of Defense from discriminating against our troops on the basis of gender.”

“If you are willing to risk your life for our country and you can do the job, it shouldn’t matter if you are gay, straight, transgender, Black, white or anything else,” said Senator Duckworth. “Every transgender servicemember earned their role through rigorous training and is more qualified to serve in those roles than Pete Hegseth is to be Secretary of Defense. I’m proud to join Senator Warren and my Democratic colleagues in working to reverse the Trump Administration’s offensive transgender military ban, which is disruptive to our military, hurts readiness and not only does nothing to strengthen our national security—it actively makes things worse.”

“Attacking people based on who they love or how they identify does nothing to make America safer. Our LGBTQ+ servicemembers put their lives on the line to keep our nation safe, and I’m always going to have their backs,” said Senator Fetterman. “Since day one, I’ve called on Secretary Hegseth to reverse course, and he’s failed to act. Now, I’m proud to join my colleagues to introduce legislation to end this disgraceful, illegal ban.”

“Transgender service members serve our country honorably, dedicating their lives to protecting our nation,” said Senator Hirono. “Yet, Trump continues attacking the transgender community, disrespecting these individuals, discriminating against them, and undermining our military readiness. By prohibiting this discrimination on the basis of gender identity, this legislation will help to ensure transgender individuals who are qualified to serve may do so.”

“Every willing and qualified American deserves the chance to serve and defend our country, and many transgender individuals have done so for years with dignity and honor. This legislation will ensure these patriots can continue to serve freely and openly, now and in the future,” said Senator Van Hollen.

“As President Trump continues to denigrate and target transgender servicemembers, we must stand up for what is right and what makes our military strongest,” said Senator Kim. “We cannot build a united, incomparable force by alienating brave Americans ready and proud to serve their nation. This legislation honors our transgender troops' service and anyone who is willing to put their life on the line for our freedoms and serve our nation in uniform.”

“The persistent dehumanization of trans people by the Trump administration hurts many and helps no one. Trans members of the military – just like anyone else in service – have dedicated their lives to public service, and, in return, this administration dismisses them from service,” said Senator Ed Markey, “I am proud to stand with my colleagues to say this is wrong. Trans rights are human rights.”

“Service members sign up to protect our country with patriotism and bravery,” said Senator Merkley. “Banning highly-skilled transgender service members endangers the safety and security of our nation, and takes us backward in our march towards equality.”

“There’s no reason other than blatant discrimination for trans service members to be barred from serving in our military,” said Senator Schatz. “If someone is willing and meets the high standards to serve, they should be allowed to – it’s as simple as that.”

“Donald Trump’s ban on transgender people in the military puts Americans’ safety last,” Senator Wyden said. “Fitness for military service has nothing to do with how a person identifies. The Fit to Serve Act will keep our military strong by ensuring that anyone who can do the job can join and serve.”

This bill is endorsed by the following organizations: Advocates for Trans Equality, American Civil Liberties Union, Center for American Progress, Family Equality, GLAAD, GLAD Law, GLMA: Health Professionals Advancing LGBTQ+ Equality, Human Rights Campaign, Iraq and Afghanistan Veterans of America, Lambda Legal, Minority Veterans of America, Modern Military Association of America, National Black Justice Collective, National Center for LGBTQ Rights, National Council of Jewish Women, National LGBTQ Task Force Action Fund, National Women's Law Center Action Fund, Out in National Security, SAGE, SPARTA Pride, and The Trevor Project. 

"Transgender servicemembers are trusted and effective warfighters. At a time when the United States faces growing threats around the world, banning them from the All-Volunteer Force will make Americans less safe," said Luke Schleusener, CEO of Out in National Security (ONS), a professional association for LGBTQIA+ people across the national security enterprise. "This legislation underscores that the fight to honor the service of thousands of transgender Americans in uniform—and to strengthen America's national security—is far from over." 

“The Fit to Serve Act is a necessary step to ensure our military reflects the values it claims to defend—honor, courage, and integrity. Banning transgender troops based on prejudice weakens our national security, erodes morale, and wastes taxpayer dollars. Transgender service members have always served with pride, even when denied recognition, and they deserve to serve openly in our armed forces and for leadership that is rooted in facts—not fear. This bill sends a clear message: Patriotism isn’t defined by gender identity, but by the selfless act of serving one’s country,” said Lindsay Church, MVA (Minority Veterans of America) Executive Director. 

“The Fit to Serve Act is vital to stop the current unnecessary and cruel purge of trans troops, which weaponizes a gender dysphoria diagnosis. It would ensure our leaders cannot turn their backs on those fully capable and willing to serve, for no reason other than discrimination,” said Cathy Marcello, Modern Military Association of America’s Interim Executive Director. “The policy’s vague wording of 'exhibits symptoms of gender dysphoria' will undoubtedly be misused against anyone who military leadership wants to push out, similar to the ways Don’t Ask Don’t Tell was used to target individuals.

“Trangender service members have already taken an extraordinary step most Americans never will: volunteering to risk their lives in defense of our nation. These thousands of patriots have already served openly and honorably around the world for nearly a decade, meeting the same standards as everyone else. Suddenly separating them and finding and training replacements will cost taxpayers billions over decades — while destroying the careers and livelihoods of thousands of military families and leaving units with critical operational and talent gaps.

“Despite three federal courts deeming the policy unconstitutional and top military leaders noting no evidence of negative impacts of open trans service, the executive and judicial branches have failed to protect these service members. They are already experiencing the first steps of a novel and undignified separation process. We are truly thankful that Senators Warren, Duckworth, Gillibrand, Baldwin, Markey, Wyden, Hirono, Merkley, Fetterman, Van Hollen, Sanders, Kim, Booker, Schatz, and Smith are addressing this injustice by introducing the Fit to Serve Act to codify what so many of us know to be true: transgender service members are fit for service and don’t deserve to live with the uncertainty of ever-changing executive orders and litigation with each new administration.”

“The Fit to Serve Act is a declaration that we will not stand by while our courageous troops are under political assault. Transgender servicemembers meet the same rigorous standards, deploy worldwide, put in the same hard work and demonstrate the same dedication as any of their colleagues. They have valiantly embraced the weighty responsibility of protecting our country and should not have their careers arbitrarily ended. Instead, President Trump and Secretary Hegseth are taking away their jobs, cutting off their health care benefits, and disregarding the immense sacrifices these servicemembers and their families have made. It's a slap in the face to all who serve and puts our military readiness at risk. We thank Sen. Warren for introducing this important legislation, and we urge every Member of Congress to support it and uphold this nation’s promise to support all of our servicemembers,” said Jennifer Pike Bailey, Government Affairs Director of the Human Rights Campaign. 

“We are grateful to lawmakers for standing up for our nation’s troops and ensuring that every American has an equal opportunity to serve. Military service is about whether you can do the job, not who you are,” said Shannon Minter, Legal Director, National Center for LGBTQ Rights (NCLR). 

“Transgender people have long served in our military with honor, integrity, and courage. Efforts to ban them from service undermine the humanity and contributions of those who have risked their lives for our country,” said Gaylynn Burroughs, vice president for education and workplace justice at the National Women’s Law Center. “We strongly support the Fit to Serve Act and applaud Senator Warren’s leadership in defending the rights and dignity of trans service members. Everyone, regardless of who they are, deserves the right to work with dignity and without fear of harassment or other forms of discrimination, including in the military.”

“SPARTA Pride supports the Fit To Serve Act introduced by Senator Elizabeth Warren that aims to prohibit discrimination in the military on the basis of gender identity. This legislation represents a critical step toward ensuring that all who are willing and able to serve their country can do so with dignity, authenticity, and fairness—regardless of their gender identity,” said SPARTA Pride.

“The United States military is as diverse as our country, and trans people have always been a part of the military, serving honorably and meeting the same rigorous standards as their peers. For nearly a decade, trans servicemembers have been able to serve in the military openly and authentically as themselves," said Olivia Hunt, Advocates for Trans Equality Director of Federal Policy. "Trump's ban on trans servicemembers betrays the trust of the thousands of trans people who have come out and transitioned while serving, with the full support of their unit members and chain of command. It also jeopardizes their access to critical benefits such as healthcare, education, and retirement, essential for their well-being and stability. We applaud Senator Warren and her cosponsors for introducing this important legislation and joining us in standing up for servicemembers.” 

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