U.S. House of Representatives Successfully Protects Tax Dollars from Funding Gender Transition Surgeries

WASHINGTON - The U.S. House of Representatives has successfully thwarted an effort to use taxpayer funds to pay for sex change surgeries in violation of federal law after filing a motion in federal court.

Before the House moved to intervene in a case in the U.S. District Court for the District of Maine, Doe v. Austin, the Department of Justice had abandoned its effort to defend the constitutionality of the federal statute restricting the military health care program TRICARE from covering sex change surgeries and was negotiating a settlement agreement with the transgender plaintiffs. But after the House filed its motion seeking to intervene in the case to defend the constitutionality of the statute, the plaintiffs decided to voluntarily dismiss the litigation with prejudice - meaning they cannot refile their case and are thus permanently abandoning their lawsuit - without obtaining any relief from the court or the federal government through a settlement agreement. As a result, the House has now withdrawn its motion to intervene.

Speaker Johnson, Leader Scalise, and Whip Emmer today made the following statement:

"Tax dollars should not support procedures and treatments that could permanently harm young adults, and we are proud that the House's involvement in this litigation has stopped that from happening in this case. Consistent with these efforts, this year's NDAA took a critical and necessary additional step to protect the children of American servicemembers by adding a statutory prohibition regarding TRICARE coverage of potentially sterilizing treatments. House Republicans will not relent in taking action to protect America's children from radical gender ideology and experimental drugs."

Background on the case:

• The plaintiffs in this case were two transgender women who receive health insurance through TRICARE as dependents of former servicemembers.

• The Department of Justice made only a half-hearted attempt to defend the constitutionality of the statute at issue-10 U.S.C. § 1079(a)(11)-which restricts TRICARE from providing dependents coverage for any surgery that "improves physical appearance" without "significantly restor[ing] functions," including "sex gender changes."

• Given the Department's inexcusable failure to identify a single governmental interest advanced by the statute - which was necessary to show why applying the statute to the plaintiffs is constitutional - the District Court ruled for the plaintiffs, holding that the statute as applied to them violated the Equal Protection component of the Fifth Amendment.

• The Department of Justice had previously indicated an intent to settle the case rather than appeal, so the House moved to intervene and prevent federal funds from being used to cover sex change surgeries in violation of this federal statute.

• The House's interest in this case was heightened by a recently passed provision in the National Defense Authorization Act, which adds a related statutory prohibition regarding TRICARE coverage for minor dependents.

Background on the House Bipartisan Legal Advisory Group:

• The Bipartisan Legal Advisory Group or BLAG is comprised of the Speaker, the Majority Leader, the Majority Whip, the Minority Leader and the Minority Whip. Pursuant to House Rule II, Clause 8, BLAG is responsible for articulating the House's institutional position in legal filings with federal, state, and local courts. BLAG was established during the 103rd Congress. In this case, the Speaker, Majority Leader, and Majority Whip supported filing this motion. The Minority Leader and Minority Whip did not.

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