# The EQUITY Act: What It Does

The EQUITY Act is a straightforward bill that would make it illegal for the military to discriminate against service members based on race, color, religion, sex, national origin, gender identity, or sexual orientation. Right now, there's no federal law explicitly protecting military members from discrimination on all these grounds, even though the military has gradually removed many discriminatory policies over the decades. This bill would write that protection directly into military law and make it clear that every service member should be evaluated solely on their ability to do the job.

The bill's core requirement is simple: the military can only use qualifications that relate to whether someone can actually perform their duties. They can't reject someone or deny them advancement because of who they are—whether that's their race, religion, sexual orientation, or gender identity. The only things that should matter are whether the person meets general military standards and can handle the specific job they're applying for. For example, a transgender service member couldn't be discharged or passed over for promotion simply because of their gender identity if they're otherwise qualified and capable.

The bill also defines key terms to prevent confusion. "Gender identity" refers to how someone identifies their gender, separate from what sex they were assigned at birth. "Sex" is defined broadly to include pregnancy, sex stereotypes (like assumptions about how men or women should act), and intersex traits. This means the military couldn't discriminate against someone based on stereotypes about masculinity or femininity, couldn't penalize women for being pregnant, and couldn't discriminate against intersex individuals.

Essentially, this bill would ensure that military service is truly open to anyone who can meet the job requirements, regardless of their personal characteristics. It's a response to recent executive orders that have restricted transgender service members and reflects the bill's sponsors' view that military readiness depends on talent and capability, not identity.

EQUITY Act

Strickland, Marilyn

Equal and Uniform Treatment in the Military Act or the EQUITY Act&nbsp;This bill prohibits discrimination within the Department of Defense (DOD) against individuals on the basis of race, color, religion, sex, national origin, gender identity, or sexual orientation.A qualification established or applied related to eligibility for service in any of the Armed Forces&nbsp;must only consider (1) the ability of an individual to meet the general occupational standards for service, and (2) the particular military occupational specialty.On January 20, 2025, President Donald Trump signed an executive order titled Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government, declaring that the United States recognizes two sexes (male and female) and these sexes are not changeable.On January 27, 2025, President Donald Trump signed an executive order titled Prioritizing Military Excellence and Readiness, expressing that the policy for troop readiness is inconsistent with gender dysphoria or the use of pronouns that inaccurately reflect an individual’s biological sex. Further, the order directs DOD to update specific guidance documents related to medical standards for military service to reflect the purpose and policy of the order.