Shreveport Reporter

The U.S. House of Representatives has taken steps to intervene in the ongoing legal case Doe v. Austin, which is currently before the U.S. District Court for the District of Maine. This move follows a recent filing by the House in federal court.

Speaker Johnson issued a statement following this action: “Tax dollars should not support procedures and treatments that could permanently harm and sterilize young people. This year’s NDAA takes a critical and necessary step to protect the children of American servicemembers by adding a statutory prohibition regarding TRICARE coverage that is related to the case in Maine. House Republicans will not relent in taking action to protect America’s children from radical gender ideology and experimental drugs.”

The case involves two transgender women who receive health insurance through TRICARE as dependents of former servicemembers. The legal dispute centers on 10 U.S.C. § 1079(a)(11), a statute that limits TRICARE from covering surgeries that improve physical appearance without significantly restoring functions, including gender changes.

The Department of Justice's defense of this statute has been described as insufficient, leading to a ruling by the District Court in favor of the plaintiffs. The court found that applying this statute violated their rights under the Equal Protection component of the Fifth Amendment.

With an indication from the Department that it intends to settle, and considering new provisions in the National Defense Authorization Act related to TRICARE coverage for dependents, the House aims to intervene swiftly. This includes potentially filing an appeal with the U.S. Court of Appeals for the First Circuit.