The policy change stems from a lawsuit brought by an abortion and transgender activist group against both the Pentagon and the Department of Veterans Affairs over their requirements for ART like in vitro fertilization, egg and sperm retrieval, and egg and sperm cryopreservation.
DOD and VA rules previously limited morally and ethically prohibited the reproductive procedures funded by hardworking Americans’ dollars to service members and veterans who were married to someone of the opposite sex, could use their own gametes for any ART procedures, and had received an infertility diagnosis linked to injury, illness, or a service-connected disability.
When the National Organization for Women’s New York City Chapter (NOW-NYC), represented by Yale law students, filed a federal complaint over the "exclusionary coverage limitations" in August 2023, however, the Pentagon pivoted. NOW-NYC initially alleged the DOD and VA’s policies are "arbitrary," unconstitutional, and violate the Affordable Care Act because they don’t force taxpayers to pay for overcoming natural biological limits for soldiers who are LGBT, unmarried, or want to buy sperm or eggs.