As the US government shutdown enters its tenth day, the Senate has passed its version of the National Defence Authorisation Act (NDAA) — including controversial anti-trans and anti-DEI provisions — with the support of 26 Senate Democrats.
Despite widespread concerns, the bill passed late Thursday night in a 77–20 vote, advancing one of the year’s most critical “must-pass” pieces of legislation. However, it comes at a cost to LGBTQ+ communities and diversity efforts in the military.
Holdouts included prominent progressive and LGBTQ+-allied senators Tammy Baldwin (D-WI), Elizabeth Warren (D-MA), and Bernie Sanders (I-VT), who voted against the bill.
Anti-Trans Measures Embedded in Defence Bill
The Senate version of the NDAA includes several measures targeting transgender individuals and DEI (diversity, equity, and inclusion) initiatives:
- A ban on transgender athletes participating in sports at US military academies — a measure that also impacts visiting students in intercollegiate competitions, potentially extending the ban to private and state schools.
- A ban on Defence Department funding for gender-affirming surgeries.
- Provisions that align the military with former President Donald Trump’s rollback of DEI efforts.
Critics say these measures, passed with bipartisan support, could extend beyond the military, potentially affecting healthcare plans for defence contractors and further entrenching anti-trans sentiment into federal policy.
Democrats Allowed to Voice Dissent — Without Success
The bill passed after a marathon voting session on amendments, in which Republicans agreed to allow Democrats to put forward 17 amendments — many aimed at curbing executive overreach and blocking Trump-era military excesses.
Among the proposed Democratic amendments were:
- A requirement that Congress approve National Guard deployments to assist with law enforcement.
- A measure to block funding for Trump’s Air Force One retrofit of a gifted Qatari jet;
- A repeal of the 2002 Iraq War authorisation.
All Democratic amendments failed.
House Bill Even More Extreme
The NDAA now heads to reconciliation talks with the House of Representatives, whose version of the bill is packed with even more hardline culture war policies, including:
- A complete ban on gender-affirming care coverage for all ages;
- A ban on transgender athletes at all military facilities;
- A transphobic bathroom ban on military bases;
- A ban on Pride flags at all Department of Defence properties;
- An end to gender identity data collection across the military.
These provisions mirror the extreme anti-LGBTQ+ agenda pushed by MAGA-aligned lawmakers, such as Rep. Nancy Mace (R-SC), who has openly mocked colleagues during floor debates on the bill.
A $925 Billion Deal with Ongoing Consequences
The NDAA, in its current form, would authorise roughly US$925 billion in defence spending. But for many in the LGBTQ+ community, its passage signals a dangerous trade-off between political pragmatism and the rights of marginalised groups.
Advocacy groups have already warned of the ripple effects: institutionalising anti-trans policies and undermining DEI programs at a federal level under the guise of national defence.