Fit to Serve Act
The Fit to Serve Act would add a new provision to Title 10 of the United States Code prohibiting discrimination in the Armed Forces on the basis of gender identity. If enacted, the Secretary concerned could not take actions such as setting service qualifications, involuntarily separating a service member, denying medically necessary health care, requiring someone to serve in the sex they were assigned at birth, denying accession or reenlistment, or otherwise discriminating against someone because of gender identity (including a diagnosis or potential diagnosis of gender dysphoria). The bill also defines gender identity broadly as an individual’s gender-related identity, appearance, mannerisms, or other gender-related characteristics, regardless of birth designation. The overall aim is to ensure protections for service members who are transgender or have gender-identity concerns, across a range of military personnel decisions.
Key Points
- 1Prohibits discrimination in six areas based on gender identity: service qualifications, involuntary separation, medical care coverage, service in the birth sex, accession/reenlistment/continuation, and any other discrimination.
- 2Applies to the Secretary concerned (i.e., the appropriate service secretary) for all branches of the Armed Forces.
- 3Broadly defines gender identity to include identity, appearance, mannerisms, and related characteristics, regardless of birth designation.
- 4Title 10 amendment is added as Section 975 to Chapter 49, after existing sections (creating a new statutory protection).
- 5Introduced in the House on May 21, 2025, with sponsorship from Mr. Smith of Washington and several cosponsors; referred to the Committee on Armed Services.