House votes to condemn Trump's transgender military ban

WASHINGTON (AP) — The House delivered a rebuke to President Donald Trump on Thursday by voting to condemn his administration's move to restrict transgender men and women from military service.

A non-binding resolution opposing Trump's transgender ban passed 238-185. Every Democrat supported the resolution, while nearly every Republican voted against it. Five Republicans broke ranks and voted in favor: Brian Fitzpatrick of Pennsylvania, Trey Hollingsworth of Indiana, Will Hurd of Texas, John Katko of New York and Tom Reed of New York.

The Trump administration's policy bars people who have undergone gender transition from enlisting. It also requires military personnel to serve as their biological gender unless they began a gender transition under less restrictive Obama administration rules. The policy is being challenged in court.

RELATED: Transgender members of the military

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Transgender members of the military

Nevada Army National Guard Sergeant Sam Hunt, an electrician with G Company, 2/238th General Support Aviation Battalion poses for a photo on the flight line at the Army Aviation Support Facility in Stead, Nevada, U.S. May 12, 2017. Hunt is the first openly transgender soldier of the Nevada National Guard. 

(Tech. Sgt. Emerson Marcus/Nevada Joint Force Headquarters Public Affairs/Handout via REUTERS)

Former US Army Colonel and transgender Sheri Swokowski talks with reporters on July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender former US Air Force member Vanessa Sheridan poses for a photo after talking with reporters in Chicago, Illinois on July 26, 2017. Trump announced that transgender people may not serve 'in any capacity' in the US military, citing the 'tremendous medical costs and disruption' their presence would cause.

(DEREK R. HENKLE/AFP/Getty Images)

Kristin Beck, a former U.S. Navy SEAL, speaks during a same-sex marriage rally to celebrate the 10th Circuit Court of Appeals decision in Salt Lake City, Utah, June 25, 2014. The U.S. appeals court ruled on Wednesday that conservative Utah may not ban gay couples from marrying, a decision that capped a day of victories for same-sex nuptials and nudges the issue closer to the U.S. Supreme Court.

(REUTERS/Jim Urquhart)

Alaina Kupec poses for a portrait at Logo's 'Trailblazer Honors' on June 23, 2016, in the Cathedral of St. John the Divine in New York City.

(Photo by Ungano & Agriodimas /Getty Images Portrait)

Transgender military pilot Shane Ortega arrives at IDENTITY: Timothy Greenfield-Sanders The List Portraits exhibition opening at the Annenberg Space for Photography on September 22, 2016 in Century City, California.

(Photo by Amanda Edwards/WireImage)

Former US Army Colonel and transgender Sheri Swokowski carries her uniform July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Former US Army Colonel and transgender Sheri Swokowski raises the American flag at her home on July 27, 2017 in DeForest, Wisconsin, the day following US President Donald Trumps announcing of a ban on transgender military members.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender former US Air Force member Vanessa Sheridan poses for a photo after talking with reporters in Chicago, Illinois on July 26, 2017. Trump announced that transgender people may not serve 'in any capacity' in the US military, citing the 'tremendous medical costs and disruption' their presence would cause.

(DEREK R. HENKLE/AFP/Getty Images)

Transgender Retired US Army Colonel Sheri Swokowski prepares her uniform on July 1, 2016, at her home in DeForest, Wisconsin. Transgender personnel will no longer be barred from serving openly in the US military, the Pentagon announced on June 30, 2016. Lifting the ban on transgender service members is 'the right thing to do, and it's another step in ensuring that we continue to recruit and retain the most qualified people,' US Defense Secretary Ashton Carter told reporters.

(DEREK HENKLE/AFP/Getty Images)

Hayden Brown with his girlfriend Mia Scott at home on July 28, 2017 in Altoona, Pennsylvania. The transgender solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Ruaridh Connellan/Barcroft Ima/Barcroft Media via Getty Images)

Collect image of Hayden Brown with his military comrades at the presidential inauguration briefing at the Washington Redskins stadium on January 20, 2017 in Washington DC. A TRANSGENDER solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Barcroft Images / Barcroft Media via Getty Images)

Hayden Brown with his girlfriend Mia Scott at home on July 28, 2017 in Altoona, Pennsylvania. The transgender solider says he was told, days after President Trump banning transgender people from the military, that he must carry out the rest of his military career as a woman if he wants to keep his job. Hayden Brown says that just days after Donald Trump tweeted he was to ban all transgender people from the military, he received a call from his unit telling him he must revert back to female to continue his service. The 23-year-old from Pennsylvania has been in the armed forces for four and a half years, initially identifying as a woman.

(Ruaridh Connellan/Barcroft Ima/Barcroft Media via Getty Images)

Navy Petty Officer 1st Class Brock Stone, who is based at Fort Meade and has served in the Navy for 11 years, including a nine-month deployment to Afghanistan, speaks to reports federal court with his team from the ACLU on November 9, 2017 in Baltimore, Maryland. Brock Stone is challenging President Trump's policy banning transgender people from serving in the military.

(Photo by Jason Andrew for The Washington Post via Getty Images)

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Rep. Joe Kennedy, D-Mass., the resolution's sponsor, said Trump's policy amounts to "targeted discrimination." He said the House was voting to tell transgender people "that they cannot be banned from military service because of who they are."

The top Republican on the House Armed Services Committee, Rep. Mac Thornberry of Texas, opposed the resolution and said the vote attempted to politicize U.S. service members. Thornberry said because the resolution does not change law or policy it was a "messaging bill" that detracted from "serious issues that need to be discussed."

Ahead of the vote many Democratic lawmakers placed transgender pride flags outside their offices on Capitol Hill, including House Speaker Nancy Pelosi, who spoke from the floor in support of the resolution.

"There is no moral justification for this ban which violates every value of our American democracy," Pelosi said Thursday.

Under the Obama administration, the Pentagon announced that transgender people already serving in the military would be allowed to serve openly. Trump reversed that policy beginning in 2017 with a tweet that the government would not allow "Transgender individuals to serve in any capacity in the U.S. Military."

The Pentagon has said that over 900 men and women have been diagnosed with "gender dysphoria," a discomfort with their birth gender. A 2016 survey estimated that about 1 percent of active duty service members, around 9,000 men and women, identify as transgender.

Speaking from the House floor ahead of the vote, Armed Services Chair Adam Smith, D-Wash., said the Trump administration policy is "primarily based on ignorance and bias against the transgender community."

"We have the best military in the world," Smith said. "We need highly qualified people to serve and to single out a particular group — to discriminate against them and to say they cannot serve — is bad for national security."

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