Fit to Serve Act

The Fit to Serve Act would amend title 10 of the U.S. Code to explicitly prohibit discrimination in the Armed Forces on the basis of gender identity. It adds a new Sec. 975 to Chapter 49, prohibiting the Secretary concerned from taking various actions against service members due to gender identity (including a diagnosis or potential diagnosis of gender dysphoria). Specifically, the bill bars discrimination in eligibility for service, involuntary separations, denial of medically necessary health care, requirements to serve in the birth sex, and denial of accession, reenlistment, or continuation of service, among other forms of discrimination. It defines gender identity as the gender-related identity, appearance, mannerisms, or other gender-related characteristics of an individual, regardless of birth designation. In short, the bill would codify protections for transgender and gender-diverse service members, ensuring they cannot be discriminated against in recruitment, retention, health care access, or in how their service is managed, across all branches of the U.S. military.