Is the Military a Protected Class?

TL;DR - Yes, service members and their Dependents are a protected class. Keep reading for context.

Federally protected classes are groups shielded from discrimination by U.S. federal laws, including race, color, national origin, sex, disability, and religion. These protections ensure equal treatment in employment, housing, education, and public accommodations. For example, Title VII of the Civil Rights Act of 1964 prohibits employment discrimination based on these characteristics, promoting inclusivity and addressing social justice issues.

The Hate Crimes Prevention Act (HCPA) of 2009 enhanced the federal government's ability to investigate and prosecute hate crimes by addressing gaps in previous hate crime laws that primarily focused on race, color, religion, or national origin. It clarified, in federal law, that hate crimes “devastates not just the actual victim and the family and friends of the victim, but frequently savages the community sharing the traits that caused the victim to be selected.” (Pub. L. 111–84 § 4702.5)

Section 4712 of the Act, known as The Soldiers Amendment, extended HCPA-like protections to service members and their Dependents. It was introduced as Amendment 1616 on July 20, 2009 by Senator Jeff Sessions of Alabama who described his bill as “a new Federal crime which puts members of the U.S. military on equal footing with other protected classes.” The Soldiers Amendment was unanimously approved moments later, with both Oregon Senators Ron Wyden and Jeff Merkley present to vote in favor.

Understanding what members of Congress meant when they wrote and passed a law, known as Congressional Intent, helps judges and lawyers interpret and apply laws correctly. Congressional Intent is therefore directly applicable to the enforcement of laws. In 2024 the Supreme Court, in Loper Bright Enterprises v. Raimondo, cited a 1984 case (Chevron v. Natural Resources Defense Council) that “if Congress's intent is clear, that is the end of the matter.”

The Soldiers Amendment made the military a protected class.

To drive this point home further, the office of Senator Ron Wyden, who was present for the Senate floor debate in 2009, confirmed this. On August 1, 2024, Senator Wyden’s Veterans Affairs Constituent Services Representative clarified for the record that “military members service members are [a protected class], it just doesn't get enforced in the manner in which it should.”