Fit to Serve Act

It prohibits the Secretary of Defense from discriminating against members of the Armed Forces on the basis of their gender identity, including but not limited to requiring their separation from the military because of that identity.

119th Congress: H.R. 3569; S. 2006

The Problem

On January 27, 2025, President Trump issued Executive Order 14183, effectively prohibiting transgender people from serving the U.S. Armed Forces. 

This policy serves as a complete ban on transgender people serving in the military that impacts both transgender Americans interested in enlisting or acceding and the thousands of highly trained transgender troops already protecting our country. 

The policy is currently being implemented while legal challenges proceed, and thousands of transgender servicemembers are in the process of being separated for no reason other than the political agenda of the current administration.

Transgender Military Service

Just like segregation and Don’t Ask, Don’t Tell, bans on transgender people serving in our military are a stain on our nation’s military history. This is not the first time that President Trump has attempted to ban military service by transgender people, as he fought to implement a similar policy during his first administration. There is no reason–other than animus–for the federal government to reinstate this ban. 

Our servicemembers, including thousands of transgender troops, wear the same uniform, take the same oath, and meet the same rigorous standards. They are heroes who put their lives on the line to protect our country—and we owe them all a debt of gratitude.

Our military must be able to recruit the best candidates, retain the highly-trained servicemembers who have already sacrificed so much for their country, and every qualified patriot should be able to serve our country openly. Banning entire groups of people for political purposes only hurts military readiness. 

Transgender troops had been serving openly and successfully since 2016, including hundreds who have deployed to combat zones. The then-Chiefs of Staff to each military branch have testified that there have been no negative impact on readiness. Additionally, data obtained by the Pentagon has shown that the cost of providing medical care to transgender troops has been miniscule. The American Medical Association, American Psychological Association, and American Psychiatric Association all oppose the ban, stating that there is no medical reason transgender troops should be barred from serving.

What is the Fit to Serve Act?

The Fit to Serve Act enshrines in law that service members cannot be disqualified or removed from the military simply because they are transgender. It also ensures that transgender members of the Armed Forces would not be discriminated against on the basis of their gender identity, including being blocked from accessing medically necessary healthcare.

While a future administration can, and should, rescind the existing harmful ban, Congress needs to settle the matter in statute so that the military does not have to repeatedly implement politically-motivated personnel policies. 

Current Status of the Bill?

The Fit to Serve Act was introduced on May 21, 2025, in the House of Representatives by Reps. Adam Smith (D-WA), Mark Takano (D-CA), Chrissy Houlahan (D-PA), Sara Jacobs (D-CA), and Eric Sorensen (D-IL). This bill was also reintroduced on June 10, 2025, in the Senate by Sen. Elizabeth Warren (D-MA).

For more information, please contact legislation@hrc.org. Read about other federal legislation pertinent to the LGBTQ community here.