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An amendment to codify President Donald Trump’s ban on transgender people serving in the U.S. military according to their gender identity failed to pass as an amendment to Congress’ annual defense bill after two Republicans defected.

Rep. Lauren Boebert (R-Colo.) proposed the amendment during a flurry of proposed amendments to the National Defense Authorization Act on the House floor on Tuesday evening.

Last month, an appeals court in a 2-1 order struck down the Trump administration’s executive order, calling it fueled by “animus” and the disqualifications listed “completely unexplained and have no reasonable justification.”

The amendment failed 212-217. Reps. Mike Lawler of New York and Brian Fitzpatrick of Pennsylvania, both of whom represent districts that voted for Kamala Harris, opposed the amendment.

An amendment by Rep. Lauren Boebert (R-Colo.) amendment to ban transgender servicemembers failed (AFP/Getty)

Republican delegates James Moylan from Guam, and Kimberlyn King-Hinds from the Northern Mariana Islands, also opposed it, though delegates from commonwealths do not get a vote on the final passage of the NDAA.

But Rep. Nancy Mace (R-S.C.), the loudly anti-transgender Republican who lost her primary for governor, successfully proposed two anti-trans amendments. One amendment would ban TRICARE, the military health insurance plan, from “covering certain gender related medical procedures and treatments.”

Five Democrats would join Republicans to pass the amendment 219-208: Reps. Shomari Figures of Alabama, Terri Sewell of Alabama, Henry Cuellar of Texas, Don Davis of North Carolina and Vicente Gonzalez of Texas. Davis, Cuellar and Gonzalez all represent districts that voted for Trump while Republicans plan to redraw their congressional map in Alabama, which could put Figures at risk.

Another amendment by Mace would prohibit transgender people assigned male at birth from participating in women’s K-12 sports at Department of Defense-run schools. That amendment would also pass 221-203 with Davis, Gonzalez, Cuelar, Sewell and Figures voting for it.

Two anti-trans amendments by Rep. Nancy Mace (R-S.C.) passed with the support of Democrats. (Getty)

“Both of my NDAA amendments targeting mentally ill transgenders — and protecting our women and girls — passed the floor of the U.S. House of Representatives tonight with flying colors,” Mace said on social media.

Mace, a member of the Armed Services Committee, had made anti-trans policy a hallmark of her third term in Congress as she teed up a run for governor. But she would place fifth last month in the Republican primary. She also passed on running for the Senate seat of the late Lindsey Graham.

The NDAA sets national defense policy and has often been one of the only successful avenues for Republicans to successfully pass anti-trans provisions. In 2024, House Republicans inserted an amendment to ban TRICARE from covering “certain medical procedures for children that could result in sterilization.” The legislation eventually passed.

In 2025, Republicans successfully inserted an amendment that prohibited transgender athletes from participating in sports designated for women and girls at the United States Military Academy, the U.S. Naval Academy and the U.S. Air Force Academy.

The Senate has yet to pass its version of the NDAA for the fiscal year of 2027. In the past, Democrats have been able to strip some amendments from the NDAA because of the fact it needs 60 votes to pass.

The Senate Armed Services Committee has already completed its markup. If it passes, the two chambers will go to conference to negotiate a final version of the legislation.