Shreveport Reporter

The U.S. House of Representatives has successfully intervened in a legal case to prevent taxpayer funds from being used for gender transition surgeries under the military health care program TRICARE. This action followed a motion filed by the House in federal court, which led to the voluntary dismissal of the case by the plaintiffs.

The case, Doe v. Austin, was heard in the U.S. District Court for the District of Maine. The Department of Justice had initially chosen not to defend a federal statute that restricts TRICARE from covering sex change surgeries. The plaintiffs, two transgender women with TRICARE insurance as dependents of former servicemembers, were negotiating a settlement when the House moved to intervene.

Upon intervention by the House, which sought to uphold the constitutionality of 10 U.S.C. § 1079(a)(11), the plaintiffs dismissed their lawsuit with prejudice. This means they cannot refile and did not obtain any relief through court or settlement.

House Speaker Johnson, Leader Scalise, and Whip Emmer issued a 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.” They emphasized ongoing efforts to protect children from "radical gender ideology."

The case's background reveals that while defending against claims under this statute — which bars coverage for surgeries improving physical appearance without restoring functions — was crucial, the Department of Justice had failed to justify its application on constitutional grounds.

Additionally, recent amendments to the National Defense Authorization Act have reinforced prohibitions on TRICARE coverage for potentially sterilizing treatments for minors.

The Bipartisan Legal Advisory Group (BLAG), responsible for representing the House's legal positions, supported filing this motion through its Speaker, Majority Leader, and Majority Whip.