PolicyBrief
H.R. 3569
119th CongressMay 21st 2025
Fit to Serve Act
IN COMMITTEE

The Fit to Serve Act prohibits discrimination against service members and recruits in the Armed Forces based on their gender identity.

Adam Smith
D

Adam Smith

Representative

WA-9

LEGISLATION

Fit to Serve Act Ends Military Discrimination Based on Gender Identity, Mandates Medically Necessary Care

The “Fit to Serve Act” is pretty straightforward: it updates the rules for the U.S. military to completely prohibit discrimination based on gender identity. Think of it as a clear, non-negotiable policy update for the Department of Defense. Specifically, it amends Chapter 49 of title 10 of the U.S. Code to ensure that gender identity cannot be used to set different standards for joining or staying in the service, force someone out, or deny them equal treatment. This bill focuses entirely on ensuring that a service member’s internal sense of self doesn't disqualify them from serving their country.

Serving on Equal Terms

This section lays out exactly what military leadership cannot do. For current and prospective service members, this means you can’t be denied entry, re-enlistment, or involuntarily separated simply because of your gender identity (SEC. 2). For someone currently serving, this removes the threat of having their career abruptly ended due to their identity. It ensures that the only standards applied are those related to performance and qualifications, not personal identity. The bill also makes it clear that the military cannot force a service member to serve in the gender role they were assigned at birth if that doesn't align with who they are now, removing a major source of potential conflict and distress for transgender personnel.

Healthcare Coverage is Non-Negotiable

One of the most significant provisions for service members is the requirement for the military to cover “healthcare that is medically necessary” (SEC. 2). This means that if a service member needs gender-affirming care—whether that’s therapy, hormones, or surgery—and a doctor deems it medically necessary, the military must cover it. This is a huge deal because it removes a significant barrier to care and ensures that service members can maintain their health and readiness without facing massive out-of-pocket costs. While the language is clear about "medically necessary" care, it will be up to the service branches to quickly update their health regulations to prevent administrative roadblocks or disputes over coverage specifics.

Defining Identity for Clarity

The bill also includes a specific, clear definition of “gender identity,” covering a person's internal sense of being male, female, neither, or both, and how they express that identity, regardless of their sex assigned at birth (SEC. 2). This clarity is important because it closes loopholes and ensures that all branches are operating under the same, explicit understanding of who is protected. For the commanders and personnel officers managing the forces, this bill removes discretion; the rules are now black and white: discrimination based on gender identity is prohibited across the board. The goal here is simple: if you meet the standards, you are fit to serve, regardless of who you are.