Biden Signs $895B Defense Bill Despite Controversial Transgender Care Provision

President Joe Biden signed the $895 billion National Defense Authorization Act (NDAA) on Monday evening, approving the massive defense package despite a controversial provision restricting transgender care for children of military members.

The NDAA, which sets Pentagon policy for the upcoming fiscal year, passed with bipartisan support in the Senate (85-14) and the House (281-140). However, it faced significant opposition from some Democrats and LGBTQ+ advocacy groups due to the inclusion of last-minute language targeting transgender health care.

The contentious provision, introduced by House Speaker Mike Johnson (R-La.), bars the use of funds from TRICARE—the health care program for active-duty service members—for gender-affirming care for children under 18.

Critics argue that the measure interferes with parental rights and discriminates against transgender children, leaving military families without access to medically necessary treatments.

Kelley Robinson, president of the Human Rights Campaign, called the provision a betrayal of military families. “This law is not about politics—it’s about losing the freedom to make their own health care decisions,” Robinson said in a statement.

While Biden signed the bill, he expressed concerns about the transgender care restriction. In a statement, he acknowledged that his administration opposes the provision, which he believes undermines the military's ability to recruit and retain service members and interferes with parents’ roles in deciding the best care for their children.

However, Biden emphasized that he signed the bill to ensure critical defense policies and funding remained intact.

The NDAA includes provisions for a 14.5% pay raise for junior enlisted troops and a 4.5% pay increase for other service members. It also allocates funds to strengthen U.S. military presence in the Indo-Pacific and finance the construction of new warships, aircraft, and vehicles. These measures were critical in securing bipartisan support for the legislation.

Despite the bill’s overall significance, its passage has angered advocates and military families with transgender children, many of whom feel betrayed by Biden’s decision.

Rachel Branaman, executive director of the Modern Military Association of America, criticized Biden, stating that his decision to sign the bill contradicts his administration’s pro-LGBTQ+ claims. “The riders in this bill banning medically necessary healthcare for military youth will create significant hardships for thousands of people who protect us every day,” she said.

Biden also took issue with another provision in the bill that restricts the transfer of detainees held at Guantánamo Bay to the United States.

He argued that such restrictions impair the executive branch’s ability to decide how and where to prosecute detainees and handle their release. In his statement, Biden urged Congress to remove these restrictions, calling them a hindrance to longstanding executive authority.

The bill includes other contentious measures, such as a yearlong hiring freeze for diversity, equity, and inclusion (DEI) positions in the military and language barring the Defense Department from endorsing critical race theory in academic institutions.

These additions, introduced during weeks of closed-door negotiations between Democrats and Republicans, reflect ongoing partisan disputes over social and cultural issues within the military.

The controversy surrounding the NDAA highlights growing tensions between Biden’s promises to champion LGBTQ+ rights and the political realities of bipartisan compromise.

Critics, including Rep. Mark Pocan (D-Wis.), chair of the Congressional Equality Caucus, accused Biden of prioritizing political expediency over the needs of marginalized communities. “Today, Speaker Johnson got one of his top priorities signed into law… a restriction on necessary medical care for the children of those serving our nation,” Pocan said. He vowed to work toward repealing the provision.

The compromise legislation has left many Democrats frustrated, with some voting against the bill entirely. Senators Tammy Baldwin (Wis.), Elizabeth Warren (Mass.), and Ed Markey (Mass.) were among those opposing the measure. An amendment to strike the transgender care restriction was introduced but ultimately failed.

While the fiscal 2025 NDAA secures essential funding for military operations and pay increases, its controversial provisions have overshadowed its broader objectives.

As Biden prepares to leave office next month, the decision to sign this bill underscores the challenges of navigating contentious policy debates while maintaining support for critical national defense initiatives.