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Top Dem says Congress should 'abandon' $895B defense bill over transgender treatment ban for kids

Rep Adam Smith argues the NDAA measure is based on 'a biased notion against transgender people'

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The top Democrat on the House Armed Services Committee suggested Congress should scrap the latest version of its annual defense policy bill over a provision that bans most transgender medical care for minors.

Rep. Adam Smith, D-Wash., leads Democrats on the committee that's intimately involved in crafting the National Defense Authorization Act (NDAA) each year. Fiscal year (FY) 2025’s edition was released over the weekend.

"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," Smith said in a statement on Sunday night.

"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."

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Adam Smith during a hearing

Rep. Adam Smith the top Democrat on the House Armed Services Committee, is critical of this year's NDAA. (Scott J. Ferrell/Congressional Quarterly/Getty Images)

The 1,800-page, $895.2 billion legislation, which lays out U.S. national security and defense priorities for the fiscal year, is the product of bipartisan House and Senate negotiations.

It included a measure that said "medical interventions for the treatment of gender dysphoria that could result in sterilization may not be provided to a child under the age of 18," referring to the transgender children of U.S. service members.

Smith said, "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."

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Johnson after last votes last week

Speaker of the House Mike Johnson praised the NDAA for the same measures Smith is critiquing. (Tom Williams/CQ-Roll Call, Inc via Getty Images)

"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," Smith finished.

When reached for comment, Johnson’s office pointed Fox News Digital to the speaker’s initial statement lauding the compromise NDAA.

"This legislation includes House-passed provisions to restore our focus on military lethality and to end the radical woke ideology being imposed on our military by permanently banning transgender medical treatment for minors and countering antisemitism," Johnson said Saturday.

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US Soldier Folding American Flag

The NDAA sets priorities for U.S. defense policy each year. (Staff Sgt. Lexie West/U.S. Air Force via AP)

Hesitance from defense hawks like Smith could put the passage of the entire NDAA in question. 

The legislation normally passes with wide bipartisan approval, with expected opposition from progressives and conservatives who are critical of the military industrial base and U.S. interventionism, among other issues.

Its first test will come late on Monday afternoon, when the NDAA is debated before the House Rules Committee – the last barrier before legislation can see a House-wide vote.

If it fails to pass in committee, House leaders will likely be forced to send it to the House floor under suspension of the rules. That would forgo the rules panel's approval in exchange for hiking the threshold for passage from a simple majority to two-thirds of the chamber.

Elizabeth Elkind is a politics reporter for Fox News Digital leading coverage of the House of Representatives. Previous digital bylines seen at Daily Mail and CBS News.

Follow on Twitter at @liz_elkind and send tips to This email address is being protected from spambots. You need JavaScript enabled to view it.

Authored by Elizabeth Elkind via FoxNews December 9th 2024