SRES-408-119
Referred to the Committee on Veterans' Affairs. (text: CR S6738)
Sponsored by Jeff Merkley (D-OR)
What it does
This non-binding Senate resolution would recognize September 20, 2025 as "National LGBTQ+ Servicemembers and Veterans Day" and express the Senate's regret for past military policies such as "Don't Ask, Don't Tell" and bans on transgender service. It would also urge the Departments of Defense and Veterans Affairs to expand outreach and benefits access, ensure access to gender-affirming care, and remove the exclusion of gender-affirming surgery from the VA medical benefits package. It would not change any law, create any program, or bind either department.
Who benefits
LGBTQ+ servicemembers and veterans, including those discharged under "Don't Ask, Don't Tell" and earlier policies, who would receive formal Senate recognition. Transgender servicemembers and veterans and their families, whom the resolution urges agencies to give access to gender-affirming care. Veterans service and advocacy organizations that seek discharge upgrades and benefits outreach.
Who is hurt
No group is materially affected, since the resolution is non-binding and creates no legal obligations. Some servicemembers, veterans, and Americans may object to its characterizations of current policy or to its call for gender-affirming care coverage. Executive branch officials who have adopted contrary policies may view the urging as criticism, though it carries no legal force.
Supporters argue
Supporters argue that the government discharged tens of thousands of people for their sexual orientation or gender identity, citing Department of Defense figures of 13,472 discharges under "Don't Ask, Don't Tell" and 19,365 earlier. They contend formal recognition honors honorable service, and that urging agencies to improve outreach helps veterans who lost earned benefits get them.
Opponents argue
Opponents argue that the resolution takes sides in an ongoing policy dispute over transgender military service and medical coverage, which the Commander in Chief and Defense Department have addressed by setting readiness standards. They contend that urging agencies to fund gender-affirming care and surgery involves taxpayer costs and policy choices that should be debated through legislation, not commemorative resolutions.
Constitutional context
This simple resolution raises no significant constitutional question; it expresses the Senate's views under its own rulemaking authority (Art. I, §5) and has no binding legal effect. Military personnel policy falls within Congress's Art. I, §8 powers to govern the armed forces and the President's Commander-in-Chief authority, but the resolution exercises neither.
Checks and balances
The Senate expresses a non-binding position, and the executive branch (DoD and VA) retains full discretion over personnel and benefits policy, so no branch gains or loses power.
Historical precedent
The Senate has regularly passed non-binding resolutions recognizing designated days for veterans and groups, and Congress repealed "Don't Ask, Don't Tell" through the Don't Ask, Don't Tell Repeal Act of 2010.